Law & Crime

Montana Woman Sentenced to Prison Following Fatal Hit-and-Run Near University Campus

February 12, 2026

Shania Rose O'Brien was sentenced to seven years in prison for a July 2023 hit-and-run that resulted in the death of Austin Nieves.
O'Brien pleaded guilty to failure to render aid and will serve two years in custody with five years suspended.
The court ordered O'Brien to pay over $22,000 in restitution to the Nieves family for funeral expenses and counseling.

BUTTE, Mont. — Austin Nieves and Connor Nieves were the victims of a July 2023 hit-and-run incident for which Shania Rose O’Brien was sentenced to seven years in the Montana Women’s Prison on Tuesday.

District Judge Mike Salvagni delivered the sentence on Feb. 10, 2026, ordering O’Brien to serve two years of the term with the remaining five years suspended. O’Brien, who was 20 at the time of the collision, had previously pleaded guilty to one felony count of failure to render aid in an accident involving death.

Details of the 2023 Incident

The collision occurred at approximately 11:00 p.m. on July 3, 2023, on Granite Street near the Montana Tech campus. Austin Nieves, 23, and his brother Connor, 21, were lighting fireworks in the street when they were struck by a Jeep Wrangler operated by O’Brien.

Shania-O'Brien-Butte — Prosecutors were originally calling for a 10-year sentence with five of those years suspended. Conversely, the defense was asking for a five-year deferred sentence.

According to investigative reports and testimony:

Failure to Stop: Two passengers in the vehicle reportedly urged O’Brien to stop, but she continued to the vicinity of the Mining Museum.
Flight from Scene: O’Brien abandoned the vehicle and fled on foot. She surrendered to the Butte-Silver Bow police the following afternoon at approximately 1:00 p.m.
Casualties: Austin Nieves was pronounced dead approximately 30 minutes after the collision. Connor Nieves suffered minor physical injuries but remains under professional care for emotional trauma.

Judicial Ruling and Restitution

During the sentencing, Judge Salvagni characterized O’Brien’s decision to flee as "reprehensible." While O’Brien expressed remorse and offered a tearful apology to the Nieves family, the court noted that her initial focus was on self-preservation following a night of underage drinking.

In addition to the prison term, O’Brien was ordered to pay over $22,000 in restitution to the Nieves family. These funds are designated to cover funeral expenses and counseling for the survivors. O’Brien was immediately taken into custody following the hearing, as the court denied a defense motion to delay the start of the sentence.

Plea Agreement and Legal Context

The final sentence followed a plea agreement that resulted in the dismissal of several more serious charges, including vehicular homicide under the influence and criminal endangerment. Prosecutors noted that because O’Brien waited until the next day to turn herself in, they lacked the immediate evidence required to prove the level of intoxication at the time of the crash.

Austin-Nieves-Butte — Austin Nieves was only 23-years-old at the time of his passing.

Despite the dismissed charges, testimony from a Montana Highway Patrol trooper indicated that O’Brien had been driving within the speed limit and had approximately 1.5 seconds to react to the individuals in the roadway.

Austin Nieves, a graduate of Butte Central High School and a career lineman, was described during the hearing as a dedicated athlete and homeowner who was a central figure in his family and community. O’Brien currently faces a separate civil wrongful death lawsuit filed by the Nieves family seeking unspecified damages.

To learn more about other tragic DUI cases, check out our video here: