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Judge Drops 1 Charge In GA Jaywalking Death Case

By KATE BRUMBACK   10/ 5/11 06:18 PM ET   AP

MARIETTA, Ga. -- A Georgia judge has dismissed one charge against a woman convicted of vehicular homicide after her 4-year-old son died as they jaywalked, but she's still considering whether to drop two other charges.

Attorney Steve Sadow asked Cobb County State Court Judge Kathryn Tanksley to drop all charges against his client. Raquel Nelson was convicted in July and sentenced to a year's probation and 40 hours of community service. But Tanksley also made her the unusual offer of a new trial, which Nelson accepted.

Nelson could have been sentenced to three years in prison, much longer than the driver who pleaded guilty to hit-and-run.

Tanksley dismissed a charge of reckless conduct at the hearing Wednesday but said she needed more time to consider the defense's request to dismiss charges of vehicular homicide and crossing a road in an unsafe manner.

 
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03:32 AM on 10/10/2011
As a Chicagoan, when you drive through busy streets in the ghetto, people are constantly jay-walking through pretty fast moving traffic. It's a big pet peeve of mine- don't people know how dangerous it can be? I know most people have good heads on their shoulders, but it's a terrible example to set for kids. There's nothing scarier than seeing four or five kids jump in front of your car and run full speed across a street. As a motorist, I'm not afraid of accidents or liabilities, I'm just concerned with the lives of these children.

And yes, I do think the parents should be held responsible. I don't know the facts of this case, but there should be some kind of small punishment, something, to let people know it's criminal to let your kids play/run through traffic.
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ApprxAm
Oh, dam_…the dam is broke!
09:23 AM on 10/07/2011
Both the driver and this woman need to be in jail.
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rewith85man
Expressing Who I Am
07:02 PM on 10/06/2011
If she was almost killed, should she still be arrested for jaywalking with her son?

To me, I just think jaywalking is simply walking. It should not be a crime but trespassing should.
05:44 PM on 10/06/2011
So, cross at a crosswalk and find yourself rolling out of control up the hood and windshield of a car and then back down to the pavement. Then perhaps, like myself, you will realize that it is SO much safer to cross anywhere but at the corner. People in cars are stupid. They do not yield to pedestrians. I never cross at the corners anymore. Once was more than enough. I am so lucky I am not dead. I have taught my own sons to cross anywhere but a corner. At least you can see them coming!
04:40 PM on 10/06/2011
I don't see how you could charge a Mother with the Death of her own child. Couldn't they simply Call it, "Abortion After the Fact." and just fine her for not using a licensed Abortion Doctor. After all it was her body, doesn't she have the right to cross the road with her body the way she chooses?
02:16 PM on 10/06/2011
you people are clueless, she is 100% at fault and it's a shame she had to learn the hard way. There is a reason why jaywalking is illegal and dangerous. A years probation and 40 hours community service was already too lenient.
03:43 PM on 10/06/2011
yes, she is responsible... but she got the wonderful punishment of losing her child. I think she has suffered enough. Have a heart. She made a mistake in judgment. You have never been guilty of that? If not, must be nice to be perfect. If so, I only hope your mistake did not cost you the life of one of your children.
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didbblejr
~Opinions, distinguish our Great Nation
04:15 PM on 10/06/2011
I agree with your comment.

In this case the punishment has already been handed down. She will have to live with the nightmare for the rest of her life.

Give her a break.
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Hnorc
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04:58 PM on 10/06/2011
You come off like one of those people who want to lock everyone up and throw away the key, but when you get a speeding ticket you are probably complaining that the cops should be out busting criminals and not you.
02:06 PM on 10/06/2011
This story was one of the craziest I have heard in a while. I can't believe that mother would be charged with anything. Do they honestly think that because they didn't cross at the crosswalk, that this could have been prevented. The white lines around the crosswalk aren't a force field. People get hit while crossing the street 'legally' all the time. This driver would probably have hit them in the crosswalk as well. The fact that the driver got less time just goes to show how jacked up our legal system is. This is a shame.
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dclintn648
Conservatism is dread
07:55 PM on 10/05/2011
This poor woman should NEVER have had to face charges. Yes, she was not crossing safely, but on a cold winter night, to have to get off the bus after working all day and picking up your kids to take care of them all night, she - like a MILLION OTHER PARENTS - decided not to walk the extra quarter mile to cross at the lights.

The hit and run driver was not driving safely either, and he got a slap on the wrist, despite LEAVING THE SCENE.

This was not justice, but that's something you rarely see anymore...
01:51 PM on 10/06/2011
I completely agree, and whatever happened to pedestrians have the right of way ALWAYS?
04:08 PM on 10/06/2011
they don't get right of way when they're crossing illegally, it's the drivers responsibility to make the best effort possible to come to a stop to avoid them.