TUCSON, Ariz. (KGUN) — Closing arguments have been made, and the fate of Jana Giron now rests in the hands of a jury. Giron is on trial for allegedly causing a fatal rear-end collision in 2019, which claimed the lives of Paul Garcia and Caitlin Festerling.
During Tuesday’s proceedings at Pima County Superior Court, the defense took center stage, calling on several witnesses including a driver near the scene of the collision and a traffic investigator who recreated the crash scene as part of the initial investigation.
But in a rare legal move, Giron testified in her own defense, claiming there was no brake light indication or turn signal from Festerling's car at the time of the crash.
"I was trying to kind of explain that it was going, then it wasn’t going because there were no signs of it actually coming to a stop. It was going and then it just wasn’t going," Giron told jurors.
Giron also testified that any text she sent was done so at the intersection of Saguaro Divide and North Shannon Road while at a stop sign.
For over an hour, the prosecution challenged her account of what happened, focusing on the deleted text messages they argue are critical evidence proving Giron was distracted while driving.
“So those text messages are gone, and then even when you’re confronted with them, you’re telling them it happened well before the collision,” the prosecution pressed.
According to evidence submitted in court, Giron sent a text at 3:39 p.m. before receiving a reply at 3:40 p.m. – with the first 911 call being received at 4:41 p.m.
With both sides resting their cases, the jury is expected to begin deliberations on Wednesday.
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Kenny Darr is a reporter for KGUN 9. He joined the team in January 2023. Before arriving in Arizona he was an Anchor and Reporter at KADN in Lafayette, LA. Share your story ideas with Kenny by emailing kenny.darr@kgun9.com or by connecting on Facebook, Instagram or Twitter.