Drunk driver who killed man, unborn child to serve 14 years in prison

Crime

A 22-year-old woman who drove drunk and smashed into another car found out she will serve a 14-year prison sentence. A man and his unborn child died in that collision in August 2016.

A jury already sentenced 22-year-old Shana Elliott to 10 years probation for one count of intoxication assault, seven years in prison for one count of intoxication manslaughter, and another seven years in prison for a second count of intoxication manslaughter on March 10.

However, it was up to the judge to decide if she should serve the prison time concurrently or consecutively.

The judge decided she should serve the time one after the other, for a total of 14 years in prison, but she does have some time served already.

Elliott’s 10 year probation period will be served at the same time as the prison sentence. If she does get out of prison before those 10 years are up, she will have to report to the Hays County Jail for the three days of Aug. 1-3, which is over the anniversary of the deadly collision.

“I’ve thought about this, contemplated about it a lot, prayed about it a lot and I think that’s the right thing to do,” said Hays County Judge Jack Robison.

Robison says if he was still a practicing lawyer he would be happy with this outcome. “I certainly believe for the defense that if you had the opportunity to get seven years or two sevens stacked without a trial you probably would have taken it,” he said. 

“I certainly accept the decision of the jury in this case, the judge’s sentence and the way he handled it was also appropriate. I think Judge Robison did the right thing here,” said Hays County District Attorney Wes Mau. 

Mau says cases like this send a message to those in Hays County that if you drink and drive and cause a wreck, you will be held responsible. “We understand that there are accidents, but there are consequences for this type of behavior and those consequences are going to involve you losing a large chunk of your life to the prison system if you don’t make the right choices,” he said.

The trial included an emotional three days of witness testimony. At one point, Elliott took the stand and admitted, “I’m guilty.” She had been drinking during a day of tubing on the San Marcos River on Aug. 2, 2016 and decided to drive home.

Prosecutors showed the jury a liquor bottle found in her car at the crash scene on State Highway 21, as well as a large bag of marijuana found at her home. Records showed Elliott’s Blood Alcohol Content was .199 at the hospital.

Kristian Guerrero, whose husband Fabian Guerrero-Moreno and unborn child died after the head-on collision, gave a statement after the judge read the verdict in March.

“You have shown you’re incapable of remorse,” Guerrero said to Elliott. “I don’t buy your crocodile tears or the sweet little innocent girl they try to portray you to be. You’re a monster and you’re not sorry for what you’ve done. You’re sorry because it landed you right there. You’re sorry because you got caught.”

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