Hit-and-run suspect appears in court

AUSTIN (KXAN) - The former state Capitol staffer accused in the hit-and-run death of an Austin nanny made her first court appearance on Friday.

Dozens of friends and family members were in the courtroom as Gabrielle Nestande and her attorneys appeared in court on charges of failure to stop and render aid. The case was reset for December 7th, but Griffin's supporters are pushing for stronger charges.

Police charged Gabrielle Nestande with failure to stop and render aid in the death of Courtney Griffin.

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Even though police said they believe alcohol may have been involved in the crash, the prosecution says the do not have yet have the evidence to file manslaughter or intoxication manslaughter charges against Nestande.

Bart Griffin, Courtney's father, says Nestande should not benefit from leaving the scene.

"What she did was in her best interest because she was possibly intoxicated," said Bart Griffin. "What we want to do is get that law changed and strengthened considerably."

The charge of failure to stop and render aid carries a potential penalty of up to five years in prison. No toxicology tests were taken since Nestande was not arrested until the following day.

But Bart Griffin feels the evidence is out there.

"There is no question she was drinking that night. It is just a matter of finding the people who have the information to come forth."

No formal action was taken in the short proceeding, but Nestande is due back in court on December 7th.