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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).
In a tragic incident in Montana, a young woman has been sentenced to prison for a hit-and-run accident that resulted in the death of a man celebrating with fireworks. Shania O’Brien, aged 23, will serve a two-year term in a state correctional facility following her involvement in the fatal accident that claimed the life of Austin Nieves, also 23 years old.
Judge Mike Salvagni of the Butte-Silver Bow District Court delivered the sentence on Tuesday, stemming from the events that unfolded in July 2023. O’Brien had previously pleaded guilty in November 2024 to a charge of felony failure to render aid in an accident leading to death. The judge imposed a seven-year sentence but suspended five years, meaning O’Brien will spend two years behind bars. Additionally, she must pay over $22,000 in restitution to Nieves’ family.
The incident occurred late on the night of July 3, 2023, when O’Brien, under the influence of alcohol and marijuana, drove her Jeep Wrangler into Austin Nieves and his younger brother Connor, who were setting off fireworks on Granite Street. The collision led to both brothers being taken to a local hospital, where Austin tragically succumbed to his injuries.
Following the accident, O’Brien abandoned her vehicle and fled the scene on foot. She later turned herself in to authorities the next day. This case underscores the severe consequences of impaired driving and the importance of accountability in such devastating circumstances.
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.”