12 Aug 2013
It has been about a year and a half since a collision left a former University of Texas soccer player seriously injured. According to reports, the defendant, Nicholas Colunga, was driving in downtown Austin went he went through a red light, struck three people, and critically injured Kylie Doniak.
The evidence appears to have been undisputed that Colunga was drinking heavily prior to getting behind the wheel of this Chevrolet Impala. In fact, he entered a plea of guilty to the charge of intoxication assault prior to the conclusion of the trial. The jury also found him guilty on two counts of failure to stop and render aid (hit-and-run), and aggravated assault with a deadly weapon. He received concurrent sentences, which resulted in a maximum of 14 years behind bars. Colunga will be eligible for parole after seven years.
After the trial, Colunga’s attorney questioned the sentence, saying that there are apparently two cities of Austin – one for privileged folks, and another for people of color who are without much money. She was comparing the sentence handed out to her client, with the one imposed on former legislative staffer Gabrielle Nestande. Nestande was convicted after a jury trial of criminally negligent homicide, and received a sentence of six months. She was acquitted on more serious charges, including manslaughter, and leaving the scene of an accident which caused a death.
Whether or not the claim of disparate treatment has merit, it should be noted that there are important differences between the two cases. The first involves the issue of intoxication, which does tend to draw that wrath of judges and juries. Second, Colunga’s defense included, in part, the claim that he was so drunk he had no idea he even struck the victims. We assume this was offered to counter the charge of leaving the scene, the argument being that he did not knowingly do so. But a video of the accident showed that he applied the brakes prior to hitting the pedestrians. Police also say that the only reason Colunga eventually stopped is because he crashed his car.
The bottom line is that the defendant in the case could have received a sentence of 40 years on these charges.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737