At the time, Fabian was with his pregnant wife, Kristian Nicole, who was injured - leading to the unborn child's death.
Shana Elliott has pleaded guilty to two counts of intoxication manslaughter and will be sentenced at a later date. Seven years for the Intoxication Manslaughter of Guerrero's unborn child, and seven years for the Intoxication Manslaughter of her husband, Fabian.
She avoided the maximum sentence after admitting she caused the death of an unborn child and his father. "As soon as the accident happened I knew that I had made the worst decision ever", testified Elliott. After the sentencing, Kristian Guerrero gave an emotional victim impact statement addressing Elliott: "Don't cry".
"Everything's different, everything", said Guerrero. Guerrero got to hold his hand for a while, and his paternal grandmother got to hold him as well. She testified that she was working to get clean after police found drugs like meth, heroin, and a three-pound bag of marijuana in the home where she was living five months before the crash.
She told the jury that she's scared of drunk drivers, and doesn't drive on the weekends because of it. "My heart will always be broken", said Guerrero.
Her blood alcohol level was 0.199, according to KXAN, and the legal limit in Texas is 0.08.
Video of Elliott's field sobriety test was shown in the courtroom.
She can be heard saying: "Kill me now, please".
Prosecuting attorneys asked the jury to decide the "appropriate punishment for lives destroyed".
Elliott received 10 years' probation for the 1 count of intoxication manslaughter, 7 years in prison for the 2 count of intoxication manslaughter and 7 years in prison for the count of intoxication assault.