NORTH FORT MYERS, Fla. — According to Courtney Gainey's attorney, she is working on bonding out of jail.
Gainey had her first appearance this morning. She was arrested on two counts of a hit-and-run.
Joe Viacava, the lawyer for Gainey, tells Fox 4 she actually could be out already, but at this point, the Lee County Sheriff's Office website shows that she is still in custody.
Viacava tells Fox 4 despite what people have been saying Gainey's case isn't as cut and dry as it may seem.
Gainey's lawyer tells me she didn't run. He claims she drove around the corner because she was scared and called him immediately.
"You can report the accident; you don't have to do it at that exact spot. So, you're allowed to go down the road if you're nervous or you feel you're not safe," says Viacava.
Viacava says that Gainey's charges may change once the state attorney's office gets involved, and if they do, the lack of lightning on the roadway where the accident happened will play a role in his defense.
But above all else, Viacava says Gainey is heartbroken about the accident.
"She is devastated, absolutely devastated. Regardless of criminal liability, I mean she was involved in something where somebody lost their life so devastated is literally an understatement. She is literally crushed," says Viacava.
And Viacava says their hearts go out to the family of Allana Staiano, who died as a result of that crash.
"We can all take into account what this family has lost. And obviously, they are the true victims and the ones suffering through this, so our pain is nothing compared to what they're going through," said Viacava.