A driver who was convicted of second-degree murder of her passenger who drowned off Mission Bay had her sentence delayed until Jan. 5 as her attorney said on Sept. 19 he is waiting on a full transcript of the trial.

Jennifer Rae Xavier, 23, remains in jail for the death of her friend, Sidnie Waller (above), 21, of Point Loma, who was trapped inside the BMW car that Xavier was driving on March 4, 2021. Xavier drove down Sea World Drive and the vehicle overturned in Tecolote Creek.

Her attorney, G. Cole Casey, confirmed on Sept. 19 that he asked San Diego Superior Court Judge Peter Deddeh for a sentencing delay on Aug. 25 so he could get a complete transcript of the murder trial and the pre-trial motions.

Casey said his office is dealing with multiple court reporters and the transcripts are coming in “piecemeal,” adding “We’re waiting for the (full) transcript.”

Casey said they are considering filing a motion for a new trial, but “that decision hasn’t been made yet.”

The victim’s father, Donald Waller, told a reporter on Sept. 19 that he was frustrated with the long delay but acknowledged that “they have every right to do this. It is the justice system.”

The seven-man, five-woman jury that convicted Xavier of murder also convicted her of gross vehicular manslaughter while intoxicated after hearing testimony of Xavier drinking at a bar in Pacific Beach.

Xavier is facing a likely sentence of 15 years to life in state prison. Waller said he also realizes that the sentence delay also serves in “buying time keeping her in (local jail)” rather than in prison.

Deputy District Attorney Philippa Cunningham said she estimated the transcripts won’t be finished until the end of September at least. She said the defense had added an attorney to evaluate whether to file a motion for a new trial.

Sidnie Waller called her brother and a friend during her last ride with Xavier to say she was drunk and driving dangerously. She sent text messages asking them to pray for her because “Jenny drank so much,” but the messages abruptly stopped when the car plunged off the freeway exit.

Xavier was able to get out of the vehicle and a couple saw her on the on-ramp and called police. She was too intoxicated to say what happened and only asked the police to take her home, which is what they did.

Several days later, Xavier showed up at Waller’s apartment, saying she wondered where she was and what happened to her vehicle. She was arrested and remains without bail in the Las Colinas Women’s Detention Facility.