Fugitive wanted in death of 6-year-old arrested nearly a decade later

After nearly a decade on the run, an East Palo Alto man wanted for a fatal hit-and-run is behind bars. 

Menlo Park police announced Wednesday the capture and arrest of Shannon Fox in Central America. The suspect has been extradited to San Mateo County and is currently being held in the main county jail. 

His capture brings the case – considered by some to be cold due to the passage of time – to a courtroom for prosecution.

“I knew there’d be an arrest. It was just a matter of when,” said Menlo Park police officer David Apple.

Wednesday morning, Apple joined his superiors, members of the FBI, and the San Mateo County DA’s office as officials announced the arrest of international fugitive Shannon Fox.

“This case is not a cold case. It’s been an active case since the day it occurred,” said Menlo Park police chief Dave Bertini.

He says his detectives identified Fox as one of two people street racing in November 2009. Fox was allegedly driving a Honda Prelude 80 miles per hour when he ran a red light at the intersection of Bayfront Expressway and Willow Road. 

He broadsided a car carrying six-year-old Lisa Xavier. The child died due to her injuries. Her mother suffered a broken nec. Her father wasn’t physically hurt, but the loss devastated the community.

"To have him just take off like that not even a regard to the family at all it just makes you sick that there's people like that out there in the world," said family friend Marilyn Kern, after hearing news of the arrest.

At the time of the crime, officer Apple was in his second year on the job, and one of the first on-scene.

“This was the case that shook me in my career. It was tough to see, especially being a new officer,” said Apple, who has now been on the force 11 years but says he’s never forgotten the case.

Detectives says Fox fled the scene, headed south and eventually crossed the Mexican border. Officials say, with the help of family, he made his way to Guatemala where he was living a normal life. 

Although out of Menlo Park’s jurisdiction, Chief Bertini got a grand jury indictment in 2010 and help from the FBI in 2016. Then, using an Unlawful Flight to Avoid Prosecution (UFAP) warrant, federal agents asked Guatemalan police to arrest and extradite Fox for prosecution.

“We have a long memory. No matter how long it takes we will not forget the victims or the crimes that have been committed,” said FBI Special Agent-in-Charge Craig Fair.

Under escort from FBI agents, Fox was returned to San Mateo County Tuesday night. He’s being held on $500,000 bail and is charged with gross vehicular manslaughter, felony hit-and-run, and engaging in a speed contest resulting in death.

“My office will take it to the finish line. They have passed the baton to us, we will take it across the finish line,” said San Mateo County district attorney Steve Wagstaffe.

Fox will be arraigned 8:30am Thursday in Redwood City. Officials say there could be charges brought against the other driver in the 2009 street race, and against Fox’s family members who helped him elude capture for nine years.