Nestande Sentencing (Austin, Converse, Howe: university, assess, safe)

[hoffdano]

Originally Posted by eileenkeeney

Therefore
Does it not make more sense to revoke her right to drive than her right to drink?

Yes....but since driving is a key factor for people earning a living, judges are very reluctant to make it more difficult for people work.

[austin-steve]

Originally Posted by mickey65

Altho I wonder if she'll have to do ALL 180 days? Or will get out early due to good behaviour? Or Daddy getting her out?

No, it's "straight time". No reduction for good behaviour, etc.

After the 6 months, she'll be "free" but under very tight restrictions for 10 years.

That's why, buried way back in this thread somewhere, I said that escaping prison isn't necessarily "better" for her. The conditions of "living free with restrictions" can be complicated and easy to slip up or violate, even with sincere intentions, eventually resulting in violation and having to serve the sentence anyway.

Sitting in prison waiting for the clock to run out, while perhaps more gratifying to the family of the victim, is, in a counter-intuitive sort of way, "easier". She would have been out for good behavior in perhaps a few years, then on straight parole, which is much less restrictive than what she now has for 10 years.

If I was in her situation, I would simply construct my life so as to avoid even the possibility of accidental violation of the probation terms. I just would not drive, at all. I would not eat out, period. I'd start getting the community service and other requirements done and behind me as soon as possible.

And then I would go beyond the "good works" that are stipulated, such as the MADD panels and talks, and exceed those requirements for good measure and to start trying to earn some semblance of redemption.

The saddest part was the Dad saying that Courtney was a donor and wanted to donate her organs, eyes, tissue if she were to die, but since she was left on the side of the road for that long, none of her parts were usable.

Steve

[oldtoiletsmkgdflrpots]

Originally Posted by austin-steve

Yeah, there has been a rash of these. State legislature is looking at increasing the penalty for Failure to Stop and Render Aid. At present, it's a 3rd degree Felony, which seems tough, but it's the lightest Felony.

I wonder what other states have it set at.

Steve

Police investigate three hit-and-run crashes, lawmakers weigh new rules - YNN - Your News Now

[Melissa78703]

Originally Posted by austin-steve

Sitting in prison waiting for the clock to run out, while perhaps more gratifying to the family of the victim, is, in a counter-intuitive sort of way, "easier". She would have been out for good behavior in perhaps a few years, then on straight parole, which is much less restrictive than what she now has for 10 years.

I had this very discussion with a friend last night and we arrived at the same conclusion. If Nestande had simply served out her sentence in prison, she wouldn't have to constantly avoid temptation. And let's be real: this is Austin, home of the PAR-TAY! Imagine the peer pressure she'll go through once she's out. She's still in her 20s, and not many people in their 20s want to sit home, crochet and watch "Friends" reruns on a Friday night.

I've gone without a drink for a year just because I didn't feel like drinking -- and I was never a big partier anyway. Imagine how trying it is for a young woman like Gabrielle Nestande. She literally will have to turn into a different type of person with completely different values, or she will end up very unhappy/bitter or even worse, right back in the slammer.

[sheaday]

Originally Posted by Melissa78703

I had this very discussion with a friend last night and we arrived at the same conclusion. If Nestande had simply served out her sentence in prison, she wouldn't have to constantly avoid temptation. And let's be real: this is Austin, home of the PAR-TAY! Imagine the peer pressure she'll go through once she's out. She's still in her 20s, and not many people in their 20s want to sit home, crochet and watch "Friends" reruns on a Friday night.

I've gone without a drink for a year just because I didn't feel like drinking -- and I was never a big partier anyway. Imagine how trying it is for a young woman like Gabrielle Nestande. She literally will have to turn into a different type of person with completely different values, or she will end up very unhappy/bitter or even worse, right back in the slammer.

I agree with you completely. Shes not allowed to leave Travis county. Very hard for someone like her to avoid drinking and partying when thats a big part of being in Austin especially in your 20s.

[hoffdano]

Originally Posted by Melissa78703

Imagine how trying it is for a young woman like Gabrielle Nestande. She literally will have to turn into a different type of person with completely different values, or she will end up very unhappy/bitter or even worse, right back in the slammer.

Oh please. She will do her jail time. Then she will wear an alcohol monitoring bracelet for six months.

Then she can drink if she wants to. She just can't drink at places where drinking is the primary business. And of course she can't drive with any alcohol in her system. The ignition interlock will prevent that. She could drive someone else's car - but I doubt she will take the chance of doing that.

I have little sympathy for her, but she will lead a decent life for the next 4-5 years. She will moderate her lifestyle and probably come out of it just fine. She knows she killed someone and I she will do what the judge says without much public complaint.

[owlman]

The senate passed a bill bumping up the penalty for leaving the scene of a crash causing death from a third- to second-degree felony:
Texas Senate toughens punishment on fleeing an accident | kvue.com Austin

(of course, it won't apply retroactively, and there's still nothing in the law to prevent the apparently-effective "I didn't know I hit anyone" defense)

[GuyNTexas]

Originally Posted by Don in Austin

Murder and not a night in jail!

What the Griffins are going through is far more than harrowing. What Gabrielle has gone through is far less than she deserves.

And the message is "Leave the scene, lie and trust that your daddy can buy the most high power lawyers in the state and get off with probation for murder." He will sympathize because he has done very similar.

There are harsher penalties imposed for drug possession or theft.

Don

What disturbs me is the very hateful, vitriolic, vengeful attitude so many are demonstrating here, in response to an accident. Yes Don, it was an accident ... this women made an error in judgement, that resulted in a tragic accident that took someone's life. But it was an ACCIDENT ... you people are behaving as if she climbed into the car in a passionate rage, and ran this woman down intentionally.

I dare say that some on the jury may indeed be of the type to consider sympathy and compassion for another human being in a terrible situation to which no one would want to be, while also realizing the possibility of themselves being in the same position, but for the grace of God. Maybe some of them feel that prison should be reserved for those who commit intentional acts of violence against others, rather than for the exercise of poor judgement ... which by the way, alcohol does affect judgement, you know? Maybe they realize that no punishment will undue the damage done, and that old axiom that an eye for an eye can only result in creating a world of blind people?

I suppose what really is the most troubling is that many of you seem sad that she's not getting life in prison, or better yet, death. Seems like you would rejoice in the punishment of this woman .. the harsher the punishment, the bigger your joy!

It's typical of the liberal mindset ... very hateful, and self righteous. Of course you've never made a bad decision in your life have you Don? None of your family members have ever made a mistake, have they? None of your close friends have ever taken a drink and then driven a car .. and if they did, well, you'd be right there ... mother, father, sister, brother, best friend .... it would not matter ... you'd demand the the electric chair for them as well, and volunteer to pull the lever.

What a nice fellow, and how fortunate to be so perfect. Just remember Don ... you always get back the exact thing you send out into the world ... send out love and compassion and forgiveness .. that is what you will get back. Send out hateful and vengeful feelings, well ... prepare for unpleasant surprises in your future ... that's how the universe works.

[verybadgnome]

Originally Posted by GuyNTexas

None of your close friends have ever taken a drink and then driven a car..

A single drink does not make one drunk......Nestande had five drinks and that is part of the reason people are mad about this. Having five drinks and then choosing to drive is rolling the dice and *hoping* *praying* you make it home without incident. If she had taken a cab Courtney Griffin would be alive today.

The second part of what has made people call out for justice, and not vengeance as you allude to, is that she left the scene. She left a woman to die on the side of the road from massive internal bleeding that Nestande caused. A woman that for all she knew could have survived*, but one she chose not to help because she wanted to escape culpability. And sorry don't pull that "driver ignorance", aka "I think I hit a deer" routine b/c it is just a cop out....or maybe it is true and Nestande was too drunk to understand what just happened.

In regards to the law there is a difference between negligence and gross negligence. In my view DUI should almost universally be attributed to the latter, except with extenuating circumstances. This was not an accident like an Act of God, but rather a loss of life caused by a series of bad decisions by a single young woman who I am glad is paying some kind of price for her reckless and callous behavior.


* coroners report said she would not have survived

[ATX Wahine]

DUI's and hit-and-run accidents run in the family. Her father was convicted of the same thing himself less than a decade ago. You think she'd be a little more aware of the dangers. She called her sister from Travis County Jail the day she was arrested and cried to her that "I'm never going to drink again". She knew damn well she was drunk when she hit her.

I'm so pleased the judge gave her as harsh of a sentence as she possibly could. I have zero pity or compassion for her and frankly, no amount of admonishment from stangers on an internet website will ever change that feeling. I hope she emerges from Travis County Jail with a renewed sense of responsibility and awareness and finally apologizes to the family of her victim.