Judge rejects motion to dismiss charges in Jana Giron's distracted driving trial

TUCSON, Arizona (13 News) – As prosecutors concluded their argument in Jana Giron's distracted driving trial on Friday, August 16, her defense filed a motion to dismiss all charges.

Her lawyer said Giron neither knew the consequences nor was she responsible for the accident that killed 21-year-old Caitlin Festerling and 22-year-old Paul Garcia.

Giron's defense attorney said that Giron should only face the ticket she originally received for failing to control her vehicle, and that she did not mind that the accident ended in death.

ADDITIONAL COVERAGE

Giron is accused of two counts of manslaughter, two counts of criminal damage, one count each of endangerment and falsification of evidence.

The 2019 accident occurred near Shannon Road and Lambert Lane.

Prosecutors said Giron was texting because she didn't hit the brakes when Festerling stopped to turn left.

Giron's Buick struck Festerling's Acura at 53 mph and was forced into the southbound lane, where a pickup truck struck the side of the car.

The defense, however, said Giron had no influence on the Acura turning left. A phone next to her would be no different than looking at a map or a child. The charges have no bearing on the collision.

At one point, the judge responded to the defense by saying that there was already witness testimony about the increased risk of texting while driving.

He rejected the motion to dismiss the charges. Witness testimony will continue on Tuesday with the defense's arguments.

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