UPDATE: Shana Elliott was given 10 years probation on Intoxication Assault Count 1; 7 years for Intoxication Manslaughter Count 2; and 7 years for Intoxication Manslaughter Count 3. Judge Jack Robinson will decide later if jail time will run separately or at same time for Counts 2 & 3.
A Hays County jury is deliberating the fate of a former Texas State student on trial for driving drunk and killing a man and his unborn child. They got the case at 2:30 p.m. on Thursday.
The final day of trial began with a doctor testifying about the moment Kristian Guerrero learned her unborn baby boy had died.
"She said this was the last thing I had to remember him by. She was referring to her husband,” said Dr. Ariel Holley.
It was mere hours after Kristian’s husband Fabian was killed when former Texas State student Shana Elliott, who was driving intoxicated, struck their car.
Elliott took the stand in her own defense.
Defense: "Were you intoxicated that day?"
Elliott: "Yes I was."
Defense: "Should you have been driving?"
Defense: "Was it a bad accident and a bad mistake?"
Elliott: "The worst."
Elliott says prior to the crash on august 2nd, 2016 she went to the river with friends. She brought with her a full bottle of whiskey. Prosecutors put it on the stand with her to illustrate there was ¼ of the bottle left. Witnesses testified they saw Elliott toss it from the vehicle after the crash.
Elliott: "As soon as the accident happened, I knew that I had made the worst decision ever. I remember getting out of my car an immediately going to the other car and making sure they were okay."
Defense: "But they weren't were they?"
While Elliott's family members asked jurors to consider probation, prosecutors reminded them that Elliott had a prior shot at probation. Before her arrest for intoxication manslaughter, she was booked in for multiple felony drug charges after police found three pounds of marijuana, some meth and heroin inside the home she shared with her boyfriend.
Prosecutor: "So really you've had one crack at probation haven't you?
Prosecutor: "And we're here today. After that crack, right?"
Elliott said she got clean after the drug arrest, but still abused her medicine for anxiety. A bottle was found in her car. She also spoke of a rough upbringing with a verbally abusive step dad and a mother who battled mental illness.
Still, prosecutors say that was no excuse for getting behind the wheel drunk.
Prosecutor: "Probably a lot of people out there who didn't make the decisions you did on August 2, 2016. Is that right?”
Elliott: "That's right."