Inset, left to right: Austin Nieves (Wayrynen-Richards Funeral Home) and Shania O'Brien in court on Tuesday (KXLF). Background: The area in Montana where O'Brien struck Nieves in a hit-and-run (KXLF).
A 23-year-old woman in Montana is going to prison for running over a man who was lighting fireworks in the street, crushing him to death before fleeing the scene on foot.
Butte-Silver Bow District Judge Mike Salvagni on Tuesday ordered Shania O'Brien to serve two years in a state correctional facility for her role in 2023 death of 23-year-old Austin Nieves.
O'Brien pleaded guilty in November 2024 to one count of felony failure to render aid in an accident involving death, records show. Salvagni actually handed down a seven-year prison sentence with five years suspended. In addition to the prison sentence, O'Brien is also required to pay more than $22,000 in restitution to Austin Nieves' family.
O'Brien had been drinking and smoking marijuana before driving her Jeep Wrangler on the night of July 3, 2023, local NBC affiliate KTVM reported. At about 11 p.m., Austin Nieves and his 21-year-old brother, Connor Nieves, were lighting fireworks in the middle of Granite Street when O'Brien struck them both. The brothers were rushed to a local hospital where Austin Nieves was pronounced dead.
After the collision, O'Brien reportedly left her car and ran from the scene on foot, only to turn herself in the following afternoon.
Prosecutors sought a harsher sentence for O'Brien, asking the court to give her 10 years with five years suspended, describing all of her actions as being derived "from preservation," Billings NBC affiliate KULR reported.
"Her goal was to stay out of trouble and that goal trumped any humane action that should have prevailed," prosecutor Jessica Best reportedly told the court. "She crushed a man to death, left him to die alone, and in that moment and the moments following, his life didn't matter."
O'Brien's defense attorney, Palmer Hoovestal, pushed the court for a deferred sentence of five years, emphasizing the remorse his client felt for causing Nieves' death. During the hearing, O'Brien addressed the victim's family and apologized for what she had put them through.
"I'm really terribly sorry for this accident," she said, according to KULR. "I apologize to the family. I'm sorry for the ways that I've hurt you and I'm sorry for leaving the scene. I can't understand what you're going through and I never will, but I am so sorry."
Salvagni's sentence ultimately landed between the opposing sides, but before the proceedings were over, he shared some harsh words with O'Brien.
"The defendant's conduct in failing to stop on July 3, 2023, to render aid and provide necessary information to law enforcement was reprehensible," he said, according to a report from local CBS affiliate KXLF. "The court recognizes the grief, anger and trauma experienced by those who knew and loved Austin. A very precious person was taken from them. Those feelings are certainly exacerbated knowing the person fled after running over their loved one."
Before concluding the proceedings, the judge said he only hoped that "someday Austin's family and friends will find peace and comfort."