GUILTY GA - A.J. Nelson, 4, killed in hit & run, Marietta, 10 April 2010

[Wise Old Owl]

I've watched this as it has unfolded.

After the travesty of justice that we all witnessed in Orlando, I just can't comprehend our court system anymore.

Yes, jaywalking is a crime. This guy is a chronic drunk driver. What would have happened if he had killed the mother as well? This is sickening.

Plus the fact that she could end up doing more time than the drunk is even more sickening.

What a broken, broken system we have. My prayers go out to this woman and her family.

 

[momtective]

I have signed the petition at change.org http://www.change.org/petitions/cob...qOpXUwpLLj_xZakdmLHiw&utm_source=action_alert have you? :wink:

 

[amandab]

I just did!

 

[Salem]

What a sad story. I hope the judge sentences her to 6 weeks probation, or nothing. Oh my gosh. This poor woman and what will happen to her children if she has to go to jail?

This story is beyond frustrating!

Salem

 

[angelmom]

http://www.ajc.com/news/cobb/mom-gets-probation-and-1042791.html?cxtype=rss_news_81960

A Cobb County mother who was convicted on three charges after her 4-year-old son was killed by a hit-and-run driver was sentenced Tuesday to 40 hours of community service and 12 months' probation -- and then offered a new trial.

 

[MsFacetious]

Raquel Nelson's attorney, David Savoy, said he will confer with her about the decision, but initially "she wants to proceed" with a new trial.

Judge Katherine Tanksley sentenced Nelson to 12 months probation for the first two counts and 12 months probation for the third count, to be served concurrently.

Tanksley also suspended $1,000 fines that could be levied for each misdemeanor count.

If Nelson is acquitted in a new trial, her record would be cleared.

http://www.ajc.com/news/cobb/mom-gets-probation-and-1042791.html?cxtype=rss_news_81960

That would be a tough decision for me.
What if she gets convicted all over again?
What if she gets convicted of something even worse?
What if she gets a harsher sentence the next time around?

Then you have the general stress a trial places on her and her family to begin with... I would almost want to just say I don't care about my record... just let me go take care of my kids. But that record would make it harder to take care of the kids... so I can totally understand wanting it wiped out.

I love that the judge offered her a new trial though. Very cool. :woohoo:

Wonder what reason the judge gave for making such an offer? Can she just say "I think this person deserves a new trial"... I thought there had to be a reason? Ineffective assistant of counsel... misconduct... what was the reason in this case.... since I don't believe "totally absurd and heartless" is one of them.

 

[Kaybug]

Mom spared jail time after driver hits, kills boy

http://www.cnn.com/2011/CRIME/07/26/georgia.mother.sentencing/index.html?hpt=us_c2

 

[Liz]

I'm really glad that Raquel was not sentenced to jail time. But I think any punishment at all should have been waived, due to the circumstances. Opting for a new trial .... that's taking a big risk, too.

Prayers for Raquel.

 

[JeannieC]

This is unbelievable! She shouldn't spend one second in jail! When I went out to see the article on her being charged I saw another article on a Mother leaving her 2 little boys in the car in 88 degree temps. They are 1 and 4. She punched a woman in the face when the woman tried to get her to get them out of the car. She'll probably get off. She's in Indianapolis and her father is saying she's just a girl. She made a mistake.

http://www.dailymail.co.uk/news/art...t-car-attacking-woman-trying-rescue-them.html

 

[JeannieC]

Raquel Nelson, 30, was convicted by a jury earlier this month of vehicular homicide and other charges for not using a crosswalk and could have gotten three years behind bars, far more than the six months the hit-and-run driver served.

Instead, without explanation, Judge Kathryn Tanksley gave the suburban Atlanta mother a year’s probation, ordered 40 hours of community service, and took the unusual step of offering her a new trial, an offer Nelson is considering.

A crowd of supporters broke out in applause.

“I’m ready to go home,’’ a relieved-looking Nelson said. “I’m walking out of here. I don’t feel like I can be more satisfied.’’

http://www.boston.com/news/nation/articles/2011/07/27/georgia_jaywalker_freed_in_sons_hit_run_death/

 

[Kaybug]

Opting for a new trial .... that's taking a big risk, too.

That's what I was thinking too when I read the articles about the sentencing.

 

[momtective]

YAY I just got this email from Change.org

Incredible! The single mom who faced three years in jail for her son's hit-and-run death, Raquel Nelson, walked out of the courtroom with her family today. And that's not all: The judge offered a new trial to clear her name.

I just spoke with Raquel's family. They wanted to make sure you saw this message from Raquel herself, thanking you for signing the Change.org petition:

"I'm so incredibly thrilled that the judge was compassionate, and I can go back home to be with my children. I want to offer my warmest thank you to all of the people who came to Change.org and supported me through the petition, and who spread the word about my case."

You helped make this happen. The outpouring of support for Raquel was instrumental to this decision. More than 140,000 other Change.org members signed this petition, and the judge said she was "flooded" with messages of support for Raquel, according to courtroom reports.

Raquel hasn't yet said if she will take the offer of a new trial, but she's happy to have the choice to make. Your work isn't done, though. While Raquel has the chance to clear her name, the street where A.J. was killed is as dangerous today as it ever was. Georgia's Cobb County needs to install a crosswalk on that street to protect pedestrians.

 

[KathrynL]

I am so happy the judge did the right thing in this case. When I read about it I was appalled and downright shocked.

 

[Jaxson]

I understand defense attorneys pulling out all the tricks to get a (possibly guilty) client off because it's their job and the defendants right. I don't understand why prosecutors would try to prove an innocent person guilty and that's what this was!


I am glad the judge at least offered her a new trial and gave the minimum sentencing but I think these charges should be dropped all together. I also think the prosecutors office should be charged with malicious prosecution and and wasting the tax payers money.

They should do 3 years in jail and pay back the costs.

 

[Wendy101]

I understand defense attorneys pulling out all the tricks to get a (possibly guilty) client off because it's their job and the defendants right. I don't understand why prosecutors would try to prove an innocent person guilty and that's what this was!


I am glad the judge at least offered her a new trial and gave the minimum sentencing but I think these charges should be dropped all together. I also think the prosecutors office should be charged with malicious prosecution and and wasting the tax payers money.

They should do 3 years in jail and pay back the costs.

I totally agree.. these charges should have been thrown out of court!

Where is Oprah???? What about HLN?? This is disgusting.

I wish the news would remember to say a man with two previous hit and run convictions, had been drinking, was on painkillers at the time of the accident.

 

[MsFacetious]

I think that the charges should be completely erased.

I think that they should put in the crosswalk people have been asking for, at the intersection where AJ was killed.

I think they should use the money that would have incarcerated Raquel for three years, to put in that crosswalk.

If they could afford to prosecute her, then house her and feed her for 3 years, they can certainly put in a crosswalk.


I think that this prosecution AND jury should have been required to make that 1 mile round trip walk.

In the dark, with their own small children or grandchildren.


I made a half mile walk last night when it was almost dark.

With my incredibly well behaved 7 and 8 year olds, along with two other adults.

In an area that has had 2 murders in 15 years... both domestic related. We still run out to look at where the sirens are when we hear them.

We had two bulldogs bark at us, that was the most terrifying part of our walk. I still wouldn't have made it by myself with my kids unless I had no choice. Crossing the street, would have been a choice.


The fact that anyone, much less someone with 3 kids was really expected to walk THAT far... is absurd.

That jury should have been required to essentially recreate the scene. :twocents:

I totally agree.. these charges should have been thrown out of court!

Where is Oprah???? What about HLN?? This is disgusting.

I wish the news would remember to say a man with two previous hit and run convictions, had been drinking, was on painkillers at the time of the accident.

We got it on HLN!

I saw it at least once... they obviously got enough tweets, emails, phone calls... they didn't do a great job of getting across the outrage of it... but at least it was out there.

 

[Kat]

http://abcnews.go.com/blogs/headlin...rges-again-after-4-year-old-killed-by-driver/

Oct 18, 2011 11:00pm

Georgia Mom Raquel Nelson Faces Charges Again After 4-Year-Old Killed by Driver

A Cobb County, Ga., state court judge has ruled that Raquel Nelson, 30, will stand trial on charges of vehicular homicide and criminal jaywalking in the death of her 4-year-old son, A.J. Newman.

If I'm reading this right, the deal is if she is aquitted then she gets a clean record. The trial starts 25 OCT 2011.

 

[Fuze]

Legal experts say a Marietta mother -- convicted for the death of her son in a jaywalking incident -- has taken a huge gamble by accepting a retrial offer in lieu of a year’s probation.

Earlier this month, Raquel Nelson, 30, said she “had no choice” but to be tried again in an attempt to clear her name and conscience.

She was convicted of vehicular homicide and other charges after she and her three children disembarked from a bus in April last year, and her son, A.J., ran from her grasp and was struck and killed by a vehicle.

“Legally, she’s taking a risk,” defense lawyer Bruce H. Morris said. “She’s giving up a sure-thing sentence because the cost would be the admission that she committed a crime that resulted in her child’s death.”

Emory University law professor Kay Levine concurred, suggesting Nelson’s actions were motivated solely by sake of principle, and could result in Nelson’s imprisonment.

“The projected sentence was so low: 12 months [probation] versus not being liable for the death of your son,” Levine said. “It’s a roll of the dice.”

As Nelson returns to trial, which begins next week, the legal landscape has changed for the single mother -- some of it possibly beneficial, some not.

More at link
Jaywalking mom taking big risk, experts say

 

[angelmom]

http://www.ajc.com/news/cobb/jaywalking-mom-again-in-1499512.html?cxtype=rss_news_81960

This story makes me wonder what the police and DA knew but couldn't say back when the jaywalking case was first filed.

 

[BrownRice]

http://www.ajc.com/news/cobb/jaywalking-mom-again-in-1499512.html?cxtype=rss_news_81960

This story makes me wonder what the police and DA knew but couldn't say back when the jaywalking case was first filed.

Could be she turned to alcohol (and thus did this really stupid thing) to numb everything that happened last year. I forgot about this story until I just re-read it now. Unbelievable and sad. I wonder if it (legal system's treatment of her) would have happened to a white married woman instead of a black single woman.