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Butte woman sentenced for deadly hit-and-run

Shaina O'Brien sentenced for failing to render aid in the death of Austin Nieves
Shania O'brien Sentencing.jpg
Shania O'Brien sentenced for failing to render aid in the death of Austin Nieves
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BUTTE — Shania O’Brien of Butte, who pleaded guilty in the case of a hit and run that took the life of a man in 2023, was sentenced on Tuesday, February 10, 2026.

O’Brien was sentenced for felony failure to render aid by leaving the scene of an accident that resulted in death in the death of 23-year-old Austin Nieves.

John Emeigh reports - watch the video here:

Shaina O'Brien sentenced for failing to render aid in the death of Austin Nieves

She’s accused of hitting Austin and his brother with her Jeep while they were lighting fireworks in the middle of West Granite Street at about 11 p.m. on July 3, 2023.

In November of 2025, O'Brien, who was 20 years old at the time of the incident in 2023, agreed to plead guilty to the reduced charge of felony failing to render aid at the scene of an accident that resulted in death.

As part of the plea agreement, the original charge of vehicular homicide while under the influence was dismissed.

O’Brien was accused of leaving the scene without stopping after hitting the brothers.

The affidavit alleges that after hitting the men, O’Brien continued to drive and parked her Jeep near the World Museum of Mining, and she and her two passengers ran from the area.

She and her passengers were later picked up by O’Brien’s father.

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Court documents claim O’Brien turned herself over to police the next day, accompanied by her father and an attorney.

Documents also allege O’Brien was seen drinking alcohol and smoking marijuana earlier that day at a concert at the Original Mine Yard and at a house party on Granite Street before the deadly hit and run.

O'Brien was sentenced on Tuesday to seven years in prison, with five of the years suspended. She was also ordered to pay more than $22,000 in restitution.

Austin Nieves memorial bench in Butte
Austin Nieves memorial bench in Butte

During the sentencing, O'Brien addressed the Nieves family: "I'm sorry for the ways that I've hurt you and I'm sorry for leaving the scene, and I know Austin was loved and he was beautiful and I'm just so sorry."

Prosecutor Jessica Best argued that O'Brien was only concerned for herself that night: "She crushed a man to death, left him to die alone, and in that moment, and the moments following, his life didn't matter."

District Judge Mike Salvagni agreed that O'Brien's actions warranted punishment: "The defendant's conduct in failing to stop on July 3, 2023, to render aid and provide necessary information to law enforcement was reprehensible."

Austin's father Pete Nieves said the family feels justice was served, though it provides little comfort: "Shania ... we feel bad for their family too, but, they got to understand, she's still alive and our son is gone."

Austin Nieves

Austin's mother Stacey Edwards spoke about the lasting impact of losing her son: "She has her life where Austin will never have his. All the milestones he tried to reach, he was a good boy, he had a future."


Family wants justice in deadly hit-and-run case (Nov. 10, 2025):