The mother (pedestrian) may get 3 years in jail, but the driver who killed her child only 6 months?

[tawadi]

Heard this on CNN this morning. This woman needs a better attorney STAT!!

http://www.ajc.com/news/cobb/pedestrian-convicted-of-vehicular-1014879.html

Pedestrian convicted of vehicular homicide in own child's death

By Elise Hitchcock

The Atlanta Journal-Constitution

Raquel Nelson, 30, could be sentenced to up to 36 months at a hearing July 26, said David Savoy, her attorney. She was convicted Tuesday of homicide by vehicle in the second degree, crossing roadway elsewhere than at crosswalk and reckless conduct, said Savoy.

Jerry L. Guy, the driver who admitted hitting the child when pleading guilty to hit-and-run, served a 6-month sentence. He was released Oct. 29, 2010, and will serve the remainder of a 5-year sentence on probation, according to Cobb court records.

Nelson was attempting to cross at the intersection of Austell Road and Austell Circle with her three children when her son was struck by a car, said Savoy. The child later died from his injuries. Nelson and her younger daughter suffered minor injuries and her older daughter was not injured.

[FBaggins]

1. Makes sense on its face.

Hit and run (on its own) isn't as serious a crime. The mother (accepting the summary) was more directly responsible for the death of the child.

OTOH, she could be sentenced to as much as three years. Some or all of it may be probation. His original sentence was for five years... so it's quite possible that she will receive the lighter sentence.

All of which ignores the fact that her other two children will be punished as well if she is sent to prison... and that the death of her own child is itself the greatest possible punishment.

[rocktivity]

2. "COULD be sentenced" -- He got a little hard time and probation

Maybe she will, too.

:headbang:
rocktivity

[saras]

3. In a different state, she'd be scot-free and he'd be a killer

[thelordofhell]

4. This is old news

She got a 1 year probation sentence

[tawadi]

5. Check your facts. CNN headline news showed her in court today- the judge refused to drop the charges

She has to have a new trial.

[tawadi]

6. Link from November 14 (yesterday)

http://marietta.patch.com/articles/raquel-nelson-appeals-for-dismissal

[RebelOne]

10. No, she is still fighting the sentence.

I live in the Atlanta area and it has been on the local news quite frequently. Here is the latest link I have.

http://mdjonline.com/bookmark/16433380

[valerief]

7. He was drinking and drugging and did it before! Must be a 1%er. And white.

Guy confessed to having consumed "a little" alcohol earlier in the day, being prescribed pain medication and being partially blind in his left eye, said David Simpson, his attorney.

Court records show that Guy was previously convicted of two-hit-and-runs on the same day, Feb. 17, 1997.

The first hit-and-run also happened on Austell Road, but when Guy fled from that scene he hit another car, seriously injuring that driver and passenger, records show.

Guy pleaded guilty and received a two-year prison sentence, but was out in less than a year, according to the Department of Corrections website.

[tawadi]

8. No, not white, anyway

http://www.sickcrimes.us/2010/04/marietta-man-arrested-in-hit-and-run-murder-of-4-year-old-3541

[valerief]

13. Oh, well, I figured since it was the south, their courts would only let a white man get away with it

[ProudToBeBlueInRhody]

14. Guess you figured wrong.

Congrats, you join the ranks of people on Yahoo comment boards who assume every gang or flash mob attack is perpetrated by black kids.

[truedelphi]

9. Not every pedestrian and bicyclist is innocent

In this case, the fact that the driver served time indicates he was at fault. So I am not sure why the state is interested in going after the mother.

But whenever I drive through big cities, I am amazed at all the parents who are ducking out into traffic with their stroller at their side.

And just as bad, the parents who carefully shepard one or two kids plus themselves across the street, but leave the toddler straggling ten feet behind them.

[tawadi]

11. Yes, I know that. And agree on your examples

Intent, motive, or any previous indication of neglect on the part of the mother should have been brought into it.

I believe that this woman would have never been treated this way by the court if she had adequate representation. This is was upsets me most in this case.

The privileged in this country get off with little slaps on their wrists, while the poor get locked away for something like this. It is not justice for all. There are two forms of justice: One people can afford and the other for those who can't.

[haele]

12. Earlier reports had the child darting out into traffic when they were waiting on the median -

It was late, the kids were hungry and needed to go to the bathroom, and the mother was trying to cut about a third or half mile walk to the nearest crosswalk and back to their apartment complex from a bus stop that was otherwise "just across the street" from where they lived.
They made it across halfway, were waiting on the median of a street that was basically a highway, and the toddler darted out. The mother quickly followed, and they both got hit by the speeding drunk driver.

As usual, she is being portrayed as a bad momma that takes primary responsibility for the death of her child trying to do what probably everyone else in the neighborhood normally did - take two quick sprints to cross a street, taking a couple minutes depending on traffic - because she didn't want to walk her children another 15 to 20 minutes to get home safely after an hour or so bus ride.

When you're walking two children and perhaps a stroller down the block from the grocery store and your otherwise obedient toddler decides pull out of your hand (if you have a free hand), dart out and enter the street in front of you before you can grab him, are you responsible when some woman yacking on her cell phone hits your kid?

Or is it a horrible accident?

My mom was lucky the time it happened to her, I may have only been seven, but I was able to grab my little brother when he suddenly decided to take off across the street.

Haele

[truedelphi]

15. Thank you for the full report.

That is why I chose to not decry the actions of this particular mother. And I am glad to hear that you were able to intervene and keep your sibling safe.

But I have been a mom too, and never once did I let my toddler son straggle behind me by six to ten feet when I was crossing a busy intersection. Yet I have seen that happen basically every time I drove through crowded San Franciisco.

(Not saying that I don't understand what you're mentioning, that kids can decide on their own to enter traffic.)

I spent a year of my life as a delivery driver, and the absolute worst traffic offenders were adults on their bikes that choose to drive those bikes in my truck's blind spot. I really think Bicyclists should be licensed and forced to watch safety films.

Kids were much more responsible while on their bikes.

[tawadi]

16. Yes

Thank you, haele.