A Travis County district court judge on Friday declined to quash the indictment in the high-profile case of former Capitol staffer Gabrielle Nestande.

Nestande, 25, had originally been charged with failure to stop and render aid in the death of Courtney Griffin, a 30-year-old nanny who was killed while walking along Exposition Boulevard in 2011. In October, Nestande was indicted on the two more serious offenses of manslaughter and intoxication manslaughter, second-degree felony crimes each punishable by up to 20 years in prison.

Defense attorneys had sought to get the indictment thrown out, saying the state fell short of describing why and how Nestande’s actions fit the state of recklessness alleged in the new charges.

But District Court Judge Karen Sage said she believed the indictment provided sufficient evidence for the defense.

“Recklessness is one of those issues that is kind of hard to nail down at times, and I anticipate that we will have similar discussions once we get to the trial,” she said. “I think for purposes of charging, the indictment is sufficient.”

The judge also said a motion to suppress evidence filed by the defense would be discussed before the trial in February.

http://www.statesman.com/news/news/crime-law/indictment-upheld-in-nestande-case/nT2N6/