Justice on hold in intoxication manslaughter case

Justice on hold in intoxication manslaughter case

SAN ANTONIO, TX - Justice on hold, a woman convicted of intoxication manslaughter last week is driving our streets tonight.

A judge ruled a mistrial at her sentencing after the jury couldn't decide her punishment.

She's out on bond, waiting for another jury to decide her fate.

All the while the family, who lost a loved one is waiting for justice to be served.

Nydia Pena was convicted of intoxication manslaughter and intoxication assault last Thursday.

The conviction stemming from her actions the night of Memorial Day 2016.

When police said Pena was drunk driving with a baby in the backseat, she ran a red light and struck a car head on.

"I don't have him the way I used to," Armando Guerrero Sr. said.

The crash killed 23-year-old father Javier Maya.

And put his passenger Armando Guerrero Jr. in the hospital with a traumatic brain injury.

Guerrero's father said his son hasn't been the same since.

"I look in the mirror and I don't even know who I am anymore," Guerrero Jr said.

The jury couldn't decide Pena's fate.

Pena's lawyer Demetrio Duarte said it's a tough decision for the jury.

"These are very difficult decisions and it's a tragedy, an indictment on an accident caused by intoxication," Duarte said.

Now, it's up to a new jury which hasn't even been selected to decide her punishment.

Her conviction still stands, the new jury will not decide her guilt or innocence only her sentence.

The process could take up to a year.

"After so long, we've been waiting for justice," Duarte said. "And to see it was mistrial, it was so upsetting, I was hoping justice would have been served."

Duarte said has a message for future jurors.

"The best possible outcome is not to have her to go to jail, not to separate her from her child after a mother already lost her child," Duarte said.

So does Guerrero's family.

"She should serve some time for what she did," Guerrero Sr. said. "The didn't ask for what happened to them."

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