Punishment phase underway for drunk driver who killed Bryan man, unborn child

HAYS COUNTY, Tex. (KBTX)- The drunk driver who killed a Bryan man and his unborn child in San Marcos in 2016 has pleaded guilty to intoxication manslaughter.

Shana Elliott, 22, entered a plea of guilty on Monday for two counts of intoxication manslaughter and intoxication assault.

Intoxication manslaughter carries a maximum sentence of 20 years but because two people were killed, she could get much more time in prison.

A jury this week is hearing testimony and reviewing evidence from the case. Day 3 of the punishment phase will continue on Wednesday.

The violent head-on collision claimed the life of Fabian Guerrero-Moreno, 23, of Bryan. The accident also injured his pregnant wife, Kristian Nicole Guerrero, who was driving at the time. The couple was returning from San Antonio when the accident happened.

Investigators say Elliott crossed the road in the 1700 block of Highway 21 in San Marcos and hit their vehicle. Elliott was on her way home after floating the river in San Marcos on August 2, 2016.

On Tuesday, Kristian Guerrero took the stand at the Hays County Courthouse and provided details of what happened that day.

She told the jury she remembers the oncoming car but not the impact. She also said she remembered someone trying to help afterward. She testified, "There was a woman next to me trying to console me. I really couldn't understand why. She kept telling me everything was going to be okay. I just remember telling her that I was pregnant and I was scared."

Guerrero's unborn baby would later die and testifying about that made her extremely emotional. Prosecutors asked for a break to allow Guerrero to regain her composure. When she came back, she testified how the crash changed her world.

"There will never be another normal," she said, adding, "This is always something that is going to be there. My heart will always be broken. I'll always love him and our son and I will always want them back. And this will always hurt."

On Wednesday, crash investigators said Elliott was going close to 70 miles per hour and did not apply the brakes to her vehicle before the impact.

The jury this week is also hearing from witnesses who stopped to help after the crash. One witness said Elliott tossed a liquor bottle under her vehicle following the accident.

Jurors also heard a 911 call and watched police dashboard video of Elliott stumbling during a sobriety test conducted by an officer.