Jana Giron testifies in her own defense in manslaughter trial

TUCSON, Ariz. (13 News) – Jana Giron, the woman accused of texting while driving, defended herself on the witness stand Tuesday, Aug. 20, as her testimony concluded.

She is charged with two counts of manslaughter in connection with the fatal 2019 crash on Shannon Road in Oro Valley.

She was the final witness for her defense and told her side of the story about the texting. She said the car was not moving.

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The public prosecutor took the opportunity to accuse her of being dishonest on several points.

Giron is also charged with two counts of criminal damage, one count of endangerment and one count of tampering with evidence.

In November 2019, Giron was driving on Shannon Road when she struck a car driven by Caitlin Festerling and occupied by Paul Garcia.

The impact sent Festerling's car flying in front of a pickup truck, which struck it from the side, killing Festerling and Garcia.

Investigators said Giron was texting before the accident and deleted the messages afterward.

The public prosecutor's office relied on recordings from a camera worn on the police's body, which showed her using her phone.

Her defense also took the first step to address a moment when she texted someone she was in a relationship with saying the accident was her fault.

“I said, 'Yes, it was my fault,'” Giron told her lawyer, Dawn Priestman.

“And explain what you meant by that,” Priestman said.

“I just wanted to say that in my line of work as an insurance broker, any rear-end collision that occurs usually results in a claim for damages being made against you,” Giron said.

However, prosecutors said Giron was texting from the car even though the car was stopped at a stop sign. Prosecutors also mentioned Giron's experience in the insurance industry and the text saying the accident was her fault.

“As an insurance agent, you know it's dangerous to text while driving,” prosecutor Rachel Stiles told Giron on the witness stand.

“Yes,” Giron agreed.

“You know that if you take your eyes off the road for even a moment, bad things can happen,” Stiles continued.

“Yes,” Giron replied.

“And you know that if you take your eyes off the road while texting, you're putting everyone else in danger,” Stiles said.

“When you text while driving a moving vehicle,” Giron countered, saying the car was not moving when she used her phone but was stopped at a stop sign at the corner of Shannon Road and Lambert Lane.

Closing arguments will be heard on Wednesday. Jury deliberations could take place in the afternoon or the next day.

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