Ga. Mom Avoids Jail Time in Son's Jaywalking Death UPDATE

By: Associated Press Email
By: Associated Press Email

UPDATED 8-4-11 6:45 A.M.

A Cobb County woman convicted in connection with her 4-year-old son's death has accepted a judge's offer to have the case retried.

Raquel Nelson's son was killed last year by a hit-and-run driver as she crossed busy Austell Road with him and her two other young children three-tenths of a mile from a crosswalk.

A jury found Nelson guilty of secondary vehicular homicide, crossing roadway elsewhere than at crosswalk and reckless conduct in the April 10, 2010 death of her son, A.J.

A judge sentenced her last week to a year of probation, but offered her the option of new trial and allowed her a month to make a choice.

Nelson's new attorney, Steve Sadow, said Wednesday she's chosen the retrial.
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MARIETTA, Ga. (AP) - July 26, 2011 - A Georgia woman has received a year's probation in the jaywalking death of her 4-year-old son, who was struck as the family crossed a busy street north of Atlanta.

In an unusual move, the judge also offered Raquel Nelson the option of having another trial. Her defense team didn't immediately make a decision.

Nelson's sentence also includes 40 hours of community service. She could have gotten as many as three years in prison at the hearing Tuesday. She was convicted by a jury this month of vehicular homicide.

An attorney for the 30-year-old woman says she and her three children were crossing a street in Marietta in April after getting off a bus, less than half a mile from a crosswalk. The attorney says the son bolted from a median and was hit by a van.

The driver, Jerry Guy, was sentenced to six months after pleading guilty to hit-and-run.


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  • by No Name Location: T-ville on Jul 28, 2011 at 03:46 PM
    I think this is wrong for the che child's mother. She should not be sentence at all! I is bad enough for her to suffer the loss of her child. And I personslly this jugdement fell the wrong way!! the man that hit the child should serve a Life sentence for drinking and driving.
  • by No Name Location: T-ville on Jul 28, 2011 at 03:46 PM
    I think this is wrong for the che child's mother. She should not be sentence at all! I is bad enough for her to suffer the loss of her child. And I personslly this jugdement fell the wrong way!! the man that hit the child should serve a Life sentence for drinking and driving.
  • by Human on Jul 27, 2011 at 03:58 PM
    Don't you think it's bad enough she lost a child? It's life. To err is human. Pray something like this never happens to you. There but for the grace of God go you and I.
    • reply
      by No Name on Jul 28, 2011 at 03:49 PM in reply to Human
      I agree with you. Human
  • by Wilhem Location: Tallahassee on Jul 27, 2011 at 12:58 PM
    To you make these comments on here, if you weren't there you are just speculating. Some of you feel real comfortable speaking while hidden behind your computers. To you I say ....cowards, you reap what you sow.
  • by wallace Location: ga on Jul 27, 2011 at 11:47 AM
    the skreets in atlantaare 8 laynes in each direction.
  • by Cheryl Location: Florida on Jul 26, 2011 at 05:27 PM
    Y'all need to read the WHOLE story before passing judgement. Google it. This Mother got off the bus with many other passengers. The closet crosswalk was a 1/2 mile up the road. Other passengers also were crossing in the medium due to the crosswalk being so far away. There was actully a petition concerning this Mother's horrible situation. Can you imagine walking a 1/2 mile with 3 children? Grown adults were crossing as well. As I said, please read the WHOLE story before passing judgement.
    • reply
      by Jim on Jul 27, 2011 at 07:30 AM in reply to Cheryl
      I wonder if there was a bus stop at the crosswalk?
      • reply
        by Anonymous on Jul 27, 2011 at 10:56 PM in reply to Jim
        doesn't say
    • reply
      by Anonymous on Jul 27, 2011 at 12:09 PM in reply to Cheryl
      still does not make her right ,,,she was J-walking -- too bad ,,, what she did does not make it right .....and it is not a 1/2 mile
    • reply
      by Anonymous on Jul 27, 2011 at 04:29 PM in reply to Cheryl
      You willl NEVER get understanding for a black person with the racist people on this site. A white person, yes, sympathy, understanding, excuses, denials are plentiful. Same crime/situation the black person is critized, vilified , etc., the white person is excused, defended, rejoiced, etc. White people are just the way they are, they can't help it. They were raised to think that they are right and better than others and entitled to anything they desire. They fail to realize that they are simply ignorant, evil animals...SHEESH.
  • by melinda Location: monticello on Jul 26, 2011 at 04:50 PM
    Did anybody notice - the bus stopped "less than half a mile from the crosswalk." Why not stop at the cross walk? What mom can walk half a mile with three kids in tow to reach a cross walk? The accident might never have happened if the bus had let her off in a safe place to cross.
    • reply
      by Jim on Jul 27, 2011 at 07:50 AM in reply to melinda
      What mom can control three kids in tow crossing a busy 4-lane highway. Now its the fault of the bus....Do you know if the bus would have let her off at the crosswalk? Do you know if the bus would or did stop at the crosswalk. Is it a light control crosswalk? The distance to the crosswalk has varied from 3/10 of a mile to a half mile. They did not make her get off the bus there. She made that decision. She chose the shortest and easiest way home. Now she will have to decide if that was the wisest thing to do. It was her fault for her child being killed attempting to cross at this dangerous location. It is the fault of the driver for not remaining at the scene.
  • by JIMMY Location: HELL on Jul 26, 2011 at 03:29 PM
    A CASEY ATHONY JUROR MUST HAVE CONVICTED HER. SMH!
  • by Steve Location: Marietta, Georgia on Jul 26, 2011 at 01:55 PM
    I have read this report, and can only say this: The driver needs 2 years. Hit and run, no excuse. D.U.I., no excuse. The mother? Three months in jail, two years suspended, parenting classes, and if something is wrong, drug and alcohol treatments. Thanx.
    • reply
      by news room on Jul 26, 2011 at 03:18 PM in reply to Steve
      thanks steve i called the judge and asked him to read your comment and follow thrugh. i told him you were an expert on these kind of things and that you knew best for everyone. what do you think about casey anthony's case.
      • reply
        by Steve Marietta, Georgia on Jul 26, 2011 at 07:50 PM in reply to news room
        What kind of volume of snot is runnng from your snotty nose? Be strong, you snotnose!
      • reply
        by lower case steve on Jul 26, 2011 at 08:02 PM in reply to news room
        news room, be nice, this is his first post without name calling. good job, steve in Marietta.
        • reply
          by Steve Marietta, Georgia on Jul 27, 2011 at 06:26 PM in reply to lower case steve
          Just remember, you snotnose, that you are lower-case! I'm just sayin'! Word!
    • reply
      by anon on Jul 26, 2011 at 07:52 PM in reply to Steve
      i think the perp should be doing 5 years.
      • reply
        by news room on Jul 27, 2011 at 11:42 AM in reply to anon
        nevermind
        • reply
          by anon on Jul 27, 2011 at 06:29 PM in reply to news room
          no. you started this **it now you wipe your lips and explain it to us!
      • reply
        by Cletus Norman on Jul 27, 2011 at 06:28 PM in reply to anon
        I do, as well. He should be doing hard labor!
  • by Jim Location: Gadsden County on Jul 26, 2011 at 12:51 PM
    "the judge also offered Raquel Nelson the option of having another trial" How is that possible after a conviction without the first conviction being overturned by an appeal? Some legal person please explain.
    • reply
      by IB41-UCAN2 on Jul 26, 2011 at 07:56 PM in reply to Jim
      He be tryin to hoodwink us. He be perperptrrtatin! What? WHAT? Move-on.
      • reply
        by Wilhem on Jul 27, 2011 at 01:01 PM in reply to IB41-UCAN2
        Why do you mock black people like they all speak like that. The average white person doesn't speak so-called English. which, by the way, is no real language.
    • reply
      by DeputyDi on Jul 27, 2011 at 06:20 PM in reply to Jim
      The trial judge has the authority to overturn a verdict from the bench. It rarely happens, but he can do it.
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