Shana Elliot Sentenced To 14 Years In Prison For Drunk Driving Deaths Of Husband And Unborn Child

On March 5, Shana Elliott pled guilty before a jury to two counts of Intoxication Manslaughter for causing the deaths of Fabian Guerrero and his unborn child, as well as Intoxication Assault for the injuries suffered by Kristian Guerrero, Fabian’s wife and the child’s mother.

Shana Elliott was sentenced today to 14 years in prison and ten years on probation for a drink driving accident that took the lives of a young woman’s husband and unborn child.

On March 5, Shana Elliott pled guilty before a jury to two counts of Intoxication Manslaughter for causing the deaths of Fabian Guerrero and his unborn child, as well as Intoxication Assault for the injuries suffered by Kristian Guerrero, Fabian’s wife and the child’s mother. A trial proceeded with a punishment hearing before the jury.

The jury heard evidence regarding the accident, including the emotional testimony of Ms. Guerrero. Ms. Guerrero described driving through San Marcos while returning home to Bryan from San Antonio when she was struck head-on by Shana Elliott’s car as Elliott drive into Guerrero’s oncoming lane.

Ms. Guerrero was taken to the hospital where she was treated for her own injuries, and where she learned that her husband had perished in the crash, and that her unborn child had died. Unable to induce labor immediately due to Ms. Guerrero’s own injuries, she was forced to carry her deceased child for several days until she had recovered enough to deliver.

At the hearing, the State presented additional evidence of some pending drug possession charges that had previously been filed against Ms. Elliott, and the defense presented testimony to support their argument that she was a young college student who simply made a bad decision.

The jury returned a verdict on March 9, handing down two seven year sentenced in the manslaughter counts, and a probated ten-year sentence on the Intoxication Assault charge. The case was rescheduled for formal sentencing.

Today, presiding Judge Jack Robison assessed sentence in accordance with the jury verdict. The judge ordered that the two prison sentences would be served consecutively.¹ In addition the court ordered that if Elliott is released from prison before her probation period expires, she will have to return to jail once a year on the anniversary of the offense.

Hays County Criminal District Attorney Wes Mau recognized the work of Assistant District Attorneys Michael McCarthy and Erika Price, who prosecuted the case, as well as all the dozens of San Marcos and Hays County police and sheriff’s officers, Department of Public Safety personnel, and medical and EMS professionals who assisted in bringing the case before the jury.

Mau said, “The jury had a tough decision to make in how to sentence a young woman who made some very bad choices leading to some horrific consequences for an innocent family. I believe they did as well as could be done with the evidence they were provided, and Judge Robison also did the right thing in stacking the sentences. This is a tragic case whose only good outcome can be found in the hope that the next Shana Elliott will choose not to drink and drive, saving the lives of the next Guerrero family, and avoiding the loss of an enormous part of their own life to the prison system.”

1 The way it will work is as follows: Elliott goes to prison today, to begin serving her sentence in Count II (Intoxication Manslaughter #1). She will be eligible for parole after serving half, or three and a half years (minus the just over year and a half she has spent in jail awaiting trial). Once she makes parole on Count II, she will begin serving sentence on Count III, Intoxication Manslaughter #2 (for which she will again be eligible for parole after serving half that time). During the time she is in prison, she will technically be on probation as well, so assuming she does not violate the terms of the probation while in prison, upon release from prison she will be on probation for whatever portion of ten.