Texas State student enters guilty plea in crash that killed man, unborn child

SAN MARCOS, Texas -- (KXAN) -- A Texas State University student accused of driving drunk and killing a man and his unborn child faced a jury Tuesday. The Hays County District Attorney's Office says Shana Elliott, 22, entered a guilty plea Monday.

The trial will proceed as usual Tuesday, including sharing evidence in the case, but because Elliott entered a guilty plea in front of the jury, they will be instructed to return a guilty verdict and then decide the sentence.

On Aug. 2, 2016, Elliott, who was 21 years old at the time, allegedly drove drunk and ran head-on into a car on State Highway 21 killing 23-year-old Fabian Guerrero Moreno and injuring his pregnant wife, Kristian Nicole Guerrero. Guerrero was five months pregnant. The unborn child did not survive.

A witness told police a woman in a bikini was seen “rolling a bottle of alcohol under a vehicle.” When police spoke to Elliott, she admitted to consuming beer and liquor while floating the San Marcos River at Texas State Tubes prior to the crash, according to an affidavit. At the time of the crash, Elliott was a senior at Texas State University.

Guerrero was the first witness who took the stand Tuesday morning, and explained to the jury that the morning before the crash, she and her husband were in San Antonio because they had an appointment with immigration.

“We were sharing photos, and talking about the baby that was coming. The guy was really nice,” Guerrero said. “Fabian was approved, or he was going to be approved for his residence,” meaning her husband would soon receive a green card to live in the U.S. permanently.

Guerrero says after the meeting, the two had lunch with her mother to celebrate. Because Fabian had a few drinks, Guerrero decided to drive back to her home in Bryan. She says the trip was smooth until they got close to San Marcos.

“I saw another vehicle coming towards me, facing me on my side of the road,” she told the court. “I don't really recall the actual impact, I just remember opening my eyes and being on the side of the road. There was blood dripping down my face into my lap. At that time I didn't realize I was bleeding. There was a woman next to me trying to console me and I really couldn't understand why.”

Guerrero says she was told hours after arriving to the hospital that her husband had passed away. Later that night she lost her baby. Guerrero continued carrying the baby four more days as she recovered from the crash. Doctors then delivered her son, who would be named after her husband.

“Just knowing that you lost your husband and your son — the last piece of him that I had in this world…” Guerrero said just before breaking down on the stand, asking for a recess.