Nestande Sentencing (Austin: lawyer, home, to live)

[llkltk]

What a complete disgrace! I guess if you hit someone and drive away, you will get off with a slap on the wrist. This is so disgusting.

Jury recommends 10 years probation for Nestande | www.statesman.com

Let the civil suit begin!

[Don in Austin]

We will see plenty more of the same with the message that has been sent to the public.

Don in Austin

[Austin97]

Originally Posted by llkltk

what a complete disgrace! I guess if you hit someone and drive away, you will get off with a slap on the wrist. This is so disgusting.

jury recommends 10 years probation for nestande | www.statesman.com

let the civil suit begin!

wtf..

[Komeht]

I think it's very important to let the jury know our disgust with their decision in this instance.

I feel quite strongly they have acted shamefully and did not take their civic duty seriously. If someone starts a community wide petition to inform the jury of our displeasure I will be the first to sign it.

[verybadgnome]

This is a pretty awful decision by the jury. Basically they are saying that 'criminally negligent homicide' is not a serious offense, i.e. no jail time, and that drivers will never be held fully responsible for their actions regardless of bad decision-making like getting behind the wheel after 5 drinks. That all pedestrians and cyclists you better watch out because the law favors drivers when the caca hits the fan. That these accidents - even though they are 100% avoidable if everyone obeys the law - are just regrettable incidents, a tragic combination of circumstances that resulted in one person going on to live a mostly normal life and the other one dead. That nothing can be done after the fact and there is no sense in blaming anyone. Or as our police chief put it more elegantly:

“My heart goes out to the Griffin family who have been sentenced to a lifetime without their loving daughter, with woefully minor consequences for the individual responsible for this senseless and completely avoidable tragedy,” Acevedo said in the statement.

[verybadgnome]

And how may I ask was she not convicted of failure to stop and render aid?

That should have been automatic because it is a precursor to the criminally negligent homicide and was firmly established by her own testimony. Apparently being so drunk that you can't tell what you hit whilst driving is grounds enough for pleading ignorance of your actions and in turn grounds for dropping this charge.

[Don in Austin]

Originally Posted by verybadgnome

And how may I ask was she not convicted of failure to stop and render aid?

That should have been automatic because it is a precursor to the criminally negligent homicide and was firmly established by her own testimony. Apparently being so drunk that you can't tell what you hit whilst driving is grounds enough for pleading ignorance of your actions and in turn grounds for dropping this charge.

She thought someone through a rock at her windshield, she thought she hit a deer, she was scared because the BMW daddy bought her got a booboo, she "knew what happened," but didn't see the blood, flesh and clothing on the windshield, she will never drink again, but drinking had nothing to do with the "accident" because she was "ok" to drive....and etc.

BARF!!

[mimimomx3]

Unfortunately, we've all gotten a lesson. If you hit someone when you're drunk, drive away and hide out. Whatever you do, don't stop and get the person help.

I do wonder what would have happened if the perpetrator hadn't been rich, white, and well connected.

[EzPeterson]

Would have been interesting to see what a WilCo judge and jury would have decided.

[atxcio]

It was really about the high-powered defense team she was able to afford IMO. I think had it been a public defender or average cost defense, she would have easily been convicted on one of the more serious charges.

Or it could have been a very poor prosecution attempt. As if she was so politically connected, that the DA's office made a point not to try too hard. If I were a lawyer for the prosecution, I'd ask the jury to filter everything out for a moment and consider this: If she hadn't hit and killed someone that night, but rather just been pulled over by the police on her way home after her documented night of drinking... do you think would she have blown over a .08? Cause if you think she would, then she was intoxicated and you need to convict for intoxication manslaughter.

I almost wouldn't blame the jury, except that they tried that cop-out saying could they just disagree and let it be a mistrial... after only like 10 hrs of deliberation. That was totally lame. This was a jury which may not have taken it's duties very seriously.