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Jury Deciding Punishment In Nestande Fatal Hit And Run Crash

Jurors are deliberating in the sentencing phase of the trial of a woman convicted in a West Austin hit and run death from 2011.

Gabrielle Nestande, 25, was convicted of criminally negligent homicide Thursday in the death of Courtney Griffin. Nestande hit and killed Griffin as Griffin was walking on Exposition Boulevard.  Nestande left the scene of the crash.

The jury can give her probation up to 10 years in prison.

Assistant District Attorney Mary Farrington told the jury probation for Nestande is not appropriate.  She warned the jury that probation would be lax if Nestande serves it in her home state of California. Then Farrington told the jury that prison time for Nestande will provide punishment and deterrents.

Defense attorney Perry Minton says he and father, legendary Austin lawyer Roy Minton, believe probation is not a slap on the wrist.  He added that it's not the jurors' job to send a message to deter similar acts.