Mom gets probation in son's jaywalking death

Raquel Nelson hugs an attorney after being sentenced to a year of probation July 26, 2011, in a Georgia courtroom. / WGCL-TV

MARIETTA, Ga. - A Georgia woman received a year of probation on Tuesday in the jaywalking death of her 4-year-old son, but the judge also made the unusual move of offering her a chance to clear her name at a new trial. The mother of two surviving children says she's satisfied with the outcome of the hearing.

Raquel Nelson was convicted by a jury this month of vehicular homicide for allowing her son to dart into the busy street north of Atlanta in April. She could have received as many as three years in prison — which would have been a much longer sentence than the one for the hit-and-run driver who struck the boy.

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

Guy has been jailed nine times, mostly on traffic charges, CBS News affiliate WGCL-TV reports. In the late '90s, he was sentenced to two years in prison for two hit-and-run accidents, neither of which were fatal.

Nelson appeared happy as she left the court and thanked those who had helped and supported her.

"I'm walking out of here. I don't feel like I can be more satisfied," she said. "I'm ready to go home."

Judge Kathryn Tanksley gave the 30-year-old woman a sentence that also includes 40 hours of community service, but she made the surprising offer of a new trial. If Nelson is found innocent, her record would be cleared. Her attorney David Savoy said they plan to take the judge up on the offer.

The death happened as Nelson was attempting to cross a busy five-lane street in Cobb County to get to her apartment after getting off a local bus, Savoy said.

The stop is about three-tenths of a mile from the nearest crosswalk, so Nelson and her family routinely crossed the middle of the street. She led her family to a median in the middle of the road and as they waited for traffic to die down, her daughter bolted across the street and her son followed. She chased after them when a van struck.

Some have expressed outrage at the handling of the case. It's rare for someone to be tried and convicted on the homicide charge for crossing the street away from the crosswalk, a pedestrian advocate said.

"It's really cruel and a big waste of taxpayer money," said Sally Flocks, founder of PEDS, an Atlanta pedestrian advocacy group. "What is anybody going to learn from this? Raquel lost her precious son. The lesson she learned already is quit using transit and buy a car to get around. It's too dangerous to cross the streets here."

[bostondad2000]

Perhaps the city should paint a crosswalk within a block of any marked bus stop, and require drivers to stop at only marked stops. It doesn't seem like too much to ask.

This whole thing was a waste of taxpayer money, just like the Clemens trial. Society doesn't stand to gain relative to the investment, so don't waste our taxpayer money.

Ticks me off that we have to raise our debt or taxes to pay for court time, lawyers, etc. for this nonsense.

[Geenie86]

You know I wondered how a case like this even even wound up on a court docket and how a prosecuter after looking at the whole of the case even consider adding this gross insult to the injury alredy sustained. I wondered how supposedly learned people be soo utterly coldhearted, calloused and completely lacking in empathy. I was left questioning their judgement and leadership skills.

And then I read the comments posted here and sadly understood. It is truly disgusting that so many dismissed the injustice this woman has suffered at the hands of the justice system.

Instead of being angry or outraged that an American mother had to bury her child because of the actions of a drunk driver then defend her life and actual liberty because of the decisions of an over zealous prosecutor..... many of the comments focused on her deserving the punishment, stress, anguish, grief and pain of losing a child because she jaywalked. Not to mention the impact to her livihood for the rest of her life with a vehicular homicide conviction on her record.

Where is the empathy for our fellow human beings? Where is the outrage that a drunk driver a murderer was not charged with vehicular homicide but the person he hit that was not even in a car was?

[RealiteBites]

I saw her on the Today Show - so heartbreaking all around.

People who are out at night, I don't know if they realize how hard it is to sometimes see people, even in well-lit areas. Especially if they're wearing dark clothing. Because you're not oftentimes expecting people to be out at night - and jaywalking in the middle of nowhere.

Maybe people who do things like this could add reflective gear to their clothes - there have been times where people took risks jaywalking and I didn't see them, and when I did, this feeling of alarm coursed through me, like wow, what if I hadn't seen them and accidentally hit them.

Nobody wants things like this to ever happen - it's just so sad :(

[RealiteBites]

PS How is it possible somebody's hit THREE people with their car??? Two hit and runs - were they drunk??

That's just sad ...

[thebarelip]

As a child my father and mother set examples for us and MADE us cross at the crosswalk - I am alive today. As a school bus driver in my college years I was shocked to see the little regard given childrens' safety by their parents. I am sorry for her loss, but children look to us to be examples - to show them where the boundaries are. That is our job as adults.

[LosAngelesCA]

While I agree that she should have used the crosswalk, I think they also need to add a cross walk where she did cross the street.

The cross walk is 3/10s of a mile from the bus stop. She had to walk there and then back the same distance to get to her apartment - WITH THREE KIDS IN TOW.

I understand why she tried to take the easy way but she is punished for the rest of her life.

I also want her to pursue the new trial. YOU SHOULD NOT BE CHARGED WITH VEHICULAR MANSLAUGHTER FOR JAYWALKING.

[Geenie86]

So you are saying she deserved to be run down by a drunk driver hopped up on pain pills?

Does this man not deserve any of the blame for killing an innocent child?

Does the state not add insult to injust by charging her and not the driver with vehiclar homicide?

Something is very wrong in this world when someone hears the details of this case and focus on her jaywalking.

Thou shalt not jaywalk is not in the ten commandments. Thou shalt not kill is.

[dogsoul]

I live in a major city - and I OFTEN see women with multiple children choosing to walk across busy streets not 10 yards from the ACTUAL crosswalk - I suppose to save a little time/energy. It's baffling to me why they would take such a risk with their children for so little payoff. In the city, you just have to assume there are idiots out there & be very VERY vigilant of them while driving.

[pwgrant]

In a collage town I have been nearly hit and run over far more times IN THE CROSSWALK than in the middle of the street. This is outrageous!! Shame on the judge and jury. Our country is truly going to hell in a hand-basket!

[James_for_Today]

It is flat out dangerous to cross that many lanes at any other place than a crosswalk. Irresponsible parent. What everyone has overlooked is that she and her children could have stayed on the bus until it retraced its route and she could disembark on the same side of the street as her apartment/house.

Yes, that takes more time, but is far, far safer... and responsible.

[Quiet_R_Bear]

Do all busses "retrace their routes?" I don't know. If you are correct about this staying on the bus is what she should have done.

[James_for_Today]

Quiet_R_Bear... Not sure, I would like this to have been part of the story.

[jt92202]

Glad the judge did the right thing!! This was a case of things that make you go HMMMMM. Sad she lost her child, wish the man that hit the child would have gotten more time. Yes the mother did something illegal by jaywalking but this man has been involved in multiple hit and runs and the story I read yesterday about this was that he was drinking and driving when he hit this child. This case should never have gone to court and the hit and run driver should have his license revolked so he can ride the bus from now on!!! Not because he hit this child but because he ran and has a past of doing so!! He should not have the PRIVILEGE of driving, driving is not a RIGHT it is a PRIVILEGE and why you do not drive properly then you should not be driving at all!!!!

[roblearns]

wow my browser did me no favors, with the way it changed words..... "right away" = "right of way"
well, too numerous to correct....until next time...

[roblearns]

When you dart out onto the interstate and a driver kills you - don't be fooled about how the English language works - the driver had the right away, and you are responsible for getting yourself killed.

The same is true in this story - the driver got six months for leaving the scene of an accident, but the person who jaywalked - essentially walked her 4 year old child in front of a moving car - at night, with low visibility.

The driver is responsible for what he did after the accident - he didn't cause this accident.
He got six months for that.

The person responsible for the death of a child - got probation. And yet some of you managed to be outraged.

This story is a lie - I do take public transportation all the time, and I would have convicted her of being guilty - because she is guilty.

Did she take the crosswalk? No. Did she jaywalk? yes. Did it mom and dad just lose a child because of what mom did - absolutely.

Women walk into court, demand full custody, and then get their children killed - it happens all the time in America. It's sickening.

And you want to be outraged about probably, well lets see if you want probation when your ex gets your children killed because of their own negligence.

[linfinster]

wow! way to change the story to fit your agenda ...

[liberalme]

Her child gets killed by someone who shouldn't have a license and she gets arrested for jaywalking and the driver left the scene as well?

Holy cow, sounds like communism---she lost a child!!!!

Who hasn't jaywalked at some time or another????
Children dart!!!
Good lord, give this grieving woman a break--she isn't a criminal the justice system in GA is disgusting!!!!

What a bunch of jerks, and the driver will be driving as soon as he gets out ---why doesn't SHE sue the county for not keeping this idiot out from behind the wheel of a car?????

[retiredgustav]

Not Communism it is totalitarianism or worst a corrupt judicial system. The Driver of the car had money she did not.

[liberalme]

That I can agree with Gus--totally disgusting!!!