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Gabrielle Nestande was handed 10 years probation and a $10,000 fine by a jury Friday after about four hours of deliberation in the punishment phase of her nine-day manslaughter trial.
Nestande was found guilty Thursday for criminally negligent homicide, a state jail felony, punishable by 180 days to two years in jail. Because the jury also ruled that Nestande used her car as a deadly weapon, she faces a heightened sentence of two to 10 years in prison, and up to a $10,000 fine.
The former legislative aide struck 30-year-old Courtney Griffin with her car on Exposition Boulevard in the early morning hours after drinking on Rainey Street. Griffin’s body was discovered in a driveway just before 5 a.m.
Before the verdict was read, the defendant cried heavily and was visibly shaking at the defense table, consoled by her father, Bruce.
Tears, gasps and sighs came from the Griffin’s family as they heard the news, the two families separated by DPS deputies. After the verdict, they were escorted out of the courtroom by prosecutors, while Nestande’s family was held briefly and then taken out a back door of the courthouse.
Outside the courtroom, Courtney Griffin’s mother Laurie Griffin said the jury has sent a clear message to the Austin community.
“Everybody just go out tonight, drink, get behind the wheel, drive through neighborhoods and hit innocent people that aren’t wearing dark clothing, on a dark street, when anyone should be able to see them,” she said. “We will never believe that lie is the truth--she knew that she killed my daughter.”
There will be a pre-sentencing investigation hearing on March 25. At that time, Judge Sage could tack on up to 180 days in jail to Nestande’s sentence. It is unclear at this time if she will serve her probation in Texas or her home state of California, where she has been residing since Griffin's death.
In the closing arguments Friday morning, prosecutors asked for jail time, bringing up the 25-year-old’s affluent background as a reason for what they say is her lack of remorse in the 21 months after the accident.
Defense attorney Perry Minton however, told the jury Nestande deserved probation and said he was offended by what he called the state’s exploitation of the California native’s background and pedigree.
Nestande was arrested in the State Capitol office of Rep. Wayne Christian, where she worked as an administrative aide.
Assistant District Attorney Mary Farrington says the stipulations of probation—like asking the offender not to associate with other convicted felons—are things people do every day, not punishment.
"We are not asking you for probation," Farrington said. "She is eligible for it. It doesn't mean she is entitled to it."
Farrington pulled on the wealth and esteem of Nestande’s family, and father Bruce Nestande—a former California Assemblyman who also worked for then Gov. Ronald Reagan. When Farrington read one of the options for probation was for the defendant to donate $50 to local CrimeStoppers, Farrington said, “she spends that much on drying cleaning.”
After Farrington, Minton asked the jury to examine the facts of the case rather than focusing on making a statement to the community. The case has gathered extensive media coverage locally and has sparked interest from Texas to the Nestande family’s home state of California.
“You are not the state's PR firm,” Minton said. "We put people in prison that we are scared of, not who we are mad at.”
Then, defense attorney Sam Bassett pulled on Abraham Lincoln’s leadership in the Civil War, saying like the 16th president, "We have to move forward, we can't focus on revenge."
Bassett also brought up Nestande’s clean criminal history, admitting even though probation is always a risk, she is one of the most “educated risks” to take.
"We can't afford to warehouse every person convicted of a felon in this state or we would go broke," Bassett said.
Assistant District Attorney Allison Wetzel closed by also focusing on Nestande’s background and lack of remorse for the crime. She told the jury Nestande came from a family with a history of avoiding consequences for their actions.
Wetzel brought up credit card records from Nestande in the days before and after the accident, which are now in the hands of the jury as they deliberate punishment.
One of those charges included a purchase of $38.95 at New World Liquor on May 30, 2011, days after the accident. Nestande’s father Bruce testified this purchase was made on a credit card they both share.
Wetzel also said the defense was calculated in selecting a jury that was predominately all male because Nestande is going to cry “and that makes men feel uncomfortable." She said the men on the jury may think she is cute and want to date her, or could feel like they are a father figure to Nestande, which could stir up sympathy.
‘She finished by showing on the big screen Nestande crying on the stand earlier in the trial, saying, “those tears are for herself.” Then, a picture on the screen was shown of Nestande with a slight smile on her face after Thursday’s verdict was read.
"Whatever price you put on this conduct is your decision,” Wetzel said.
Austin Police Chief Art Acevedo issued the following statement regarding the sentence.
"While I'm deeply disappointed, I'm not surprised about the jury's decision based upon a history of permissiveness in our community as it relates to holding criminal suspects accountable for their actions.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.
The men and women of the Austin Police Department will continue to tirelessly pursue those who place our community and families in dire risk of serious injury and death as a result of their criminal acts. We will also join the Texas law enforcement community in vigorously pursuing penalty enhancements at the Legislature for those who fail to stop and render aid to their victims.
We will continue to engage in our legislative and enforcement efforts in the name and memories of the countless Texans who have lost life and limb at the hands of others without excuse or justification by those responsible.
"
Click the video below to watch the sentencing in full.
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