Witnesses could tell Texas State student 'was drunk,' saw her discard bottle at crash site

On the second day of the trial for a Texas State student, witnesses, police and medics testified their account of the fatal crash in San Marcos in 2016.

The former Texas State student, Shana Elliott, who pleaded guilty Monday, March 5 in a 2016 drunk driving crash that killed a man and his wife's unborn child, tried to dispose of her liquor bottles at the crash site and told bystanders she "felt so bad" after seeing the damage, various witnesses told the jury during the second day of her trial.

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"One of the doors of the vehicle in the middle of the road flung open, and I saw a bottle fly out from the car," said Addison Schreffler, one of the men who testified that he stopped to help.

"She felt so bad, she kept saying how she wishes it was her, not them, how she should have been the one who was hit, at one point she was saying, that if the didn't make it, she would kill herself, I could tell she felt very bad," testified Otto Gindler, another man who stopped to help.


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Police said that on Aug. 2, 2016, Elliott was driving along Highway 21 when she allegedly crossed the center line and struck a vehicle that was traveling in the opposite direction.

The collision killed Fabian Guerrero-Moreno, 23, according to the City of San Marcos. Guerrero-Moreno's wife's, Kristian Guerrero, unborn child died at a hospital. Guerrero was the only survivor in their vehicle.

Elliott allegedly told police that she had just finished floating the river at Texas State Tubes, where she drank beer and liquor before the collision.

"When I went over to the car in the middle of the road, I saw whoever was in it, kind of toss a bottle out of the car," said Gindler.

According to at least two witnesses, there was at least one liquor bottle still in Elliott's car after the crash. In a 911 call, a witness said he saw Elliott toss what he believed to be a whiskey bottle out of her car and onto the side of the road.

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"I noticed her reach inside the vehicle and take a bottle and throw it ... roll it ... out in the roadway, away from the car," said Shaune Maycock.

"I could definitively tell she was drunk, she smelled of alcohol, and she was slurring her words as well," said Grindler.

Bottle of whiskey found at scene of deadly crash.
Christy Millweard, KVUE

A second witness told the jury he was driving with his roommate on Aug. 2 when he heard something loud, which turned out to be the crash. The man said he saw Elliott throw a bottle out of her car before trying to help Fabian Guerrero-Moreno out of the car, claiming she "felt so bad." The witness also testified to the jury that he could "definitely tell she was drunk" at the crash.

A third witness told the jury she also saw Elliott running over to help Guerrero-Moreno's vehicle, but the third witness prohibited her from doing so.

"She was just apologetic and really wanted to apologize to them," said Armando Garcia.

"The person in the vehicle in the middle of the road got out, started stumbling towards the vehicle in the ditch, slurring things like, 'Is everyone okay, if anyone is hurt, kill me, if anyone is hurt, I'd rather it be me than them,'" said Schreffler.

According to a Hays County Emergency Services paramedic, Guerrero-Moreno was found unconscious at the crash with his legs pinned in by the dashboard. The medic said there were obvious signs of severe internal bleeding.

At some point on the day of the crash, Elliott was transported to the same hospital as Guerrero-Moreno and was positioned on a hospital bed outside of the room where doctors were working to save Guerrero-Moreno's life, according to the San Marcos police officer who brought a blood draw kit to the hospital for Elliott.

"The defendant should not have been driving that day, I"m a bartender so I've seen plenty of people become very very very intoxicated and she was up there," said Schreffler testified.

In body camera video, Elliott is seen speaking to the officer and claiming that "they were drunk too. It's not fair."

Additionally, moments after Guerrero-Moreno died, Elliott told the officer, “I’m not going to be able to live with myself if they’re not okay. Just tell me right now."

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The defense questioned the officer after the testimony about Elliott's concern for the couple, adding that she had a collapsed lung after the crash.

It's still unknown if Elliott will testify in court.

If convicted, Elliott's punishment ranges from probation to 20 years in prison.

Follow KVUE Reporter Christy Millweard on Twitter for more details on the trial in real time: