[UPDATED with Dead Woman's Family Reacts to No Jail Time:] Gabrielle Jane Nestande Guilty of Criminally Negligent Homicide

See Update No. 3 at the bottom of page 2 on the deceased woman's family reacting to no jail time being given.

Update No. 1 on the next page about Gabby being found guilty of criminally negligent homicide, and Update No. 2 on page 2
on the sentence including probation, a fine but no jail time.

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ORIGINAL POST, FEB. 13, 12:55 P.M.: As is to be expected when the prosecution gets to go first, the DUI death trial in Texas of Gabrielle Jane Nestande is not going well for the Orange County political scion. After an opening statement in Austin Tuesday morning that had prosecutors vowing to prove the 25-year-old legislative aide got drunk, plowed her BMW into a pedestrian who would die, and kept on driving on an early May 2011 morning, bar tabs introduced today showed she had ordered two vodkas and seven beers only hours before. 

After the collision that took the life of 30-year-old Courtney Griffin, the defense and prosecution agree, the daughter of former OC supervisor, assemblyman and GOP chairman Bruce Nestande of Newport Bech drove to the home of a friend.

Her former roommate, John Ball, said from the stand he was so sickened by Gabby's recounting of the incident he reported it to police, reports The Digital Texan.

Gabrielle Jane Nestande Trial's Jury Selection Draws Once-Politically Powerful Dad Bruce

Bell was followed to the stand by Austin Police Officer Evonne McGuire, who responded to the call to find the Beemer with a broken windshield with purple cloth and human flesh sticking out from it, Digital Texan reports. The cop reportedly said the flesh, which was in plain sight, resembled raw meat.

OC Weekly Gabrielle Nestande archives

But that horrific detail would also roll into what the defense claimed in its opening: that Ms. Nestande thought she had hit a deer.

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Gabby on the stand
UPDATE NO. 1, FEB. 21, 1:41 P.M.: After long hours of deliberations that included the judge advising them a mistrial could be called, jurors in Austin, Texas, have found Gabrielle Nestande guilty of criminally negligent homicide. But the jury found her not guilty of failing to stop and render aid to Courtney Griffin, who died after Nestande drove her BMW into the nanny.

The failure-to-stop-and-render-aid count, coupled with charges of manslaughter and intoxication manslaughter, could have sent 25-year-old Nestande to a Texas prison for up to 50 years. Criminally negligent homicide can produce sentences in the Lone Star State ranging from 180 days to two years behind bars.

The sentencing phase of the trial was scheduled to pick up later this afternoon.


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