Pedestrian Guilty Of Vehicular Homicide; Raquel Nelson Convicted In 4yo Son's Death

**Dakota Valkyrie** · July 14th, 2011, 07:44 PM

A Marietta mother may serve more time than the driver who hit and killed her 4-year-old son.

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.
[...]

http://www.ajc.com/news/cobb/pedestr...r-1014879.html

Earlier:

The boy was crossing Austell Road near Marietta with his family at 9:30 p.m. Saturday when he was struck by a van owned by Guy, Officer Joseph Hernandez said.

The boy's 29-year-old mother, Raquel L. Nelson, and his 2-year-old sister also were hit, but not his 9-year-old sister. The accident happened near Austell Circle as the family tried to get to the Somerpoint Apartments.

The boy was rushed to Cobb WellStar Hospital, where he later died. Nelson and her 2-year-old daughter were treated at the hospital and released.

The family had just gotten off a bus, Hernandez said. The family had reached the center median and was crossing the westbound lanes when the collision happened, Hernandez said.

Witnesses told police the van that hit the family left the scene, Hernandez said.

The unidentified woman made the call Sunday morning. She told police she believed a male acquaintance was involved in the hit and run.

http://www.ajc.com/news/cobb/bond-de...ct-453049.html

**Valasca** · July 14th, 2011, 07:46 PM

I can't seem to wrap my mind around this...

**Obsolete** · July 14th, 2011, 07:54 PM

I understand that the woman was crossing where she shouldn't have, therefore endangering her children. I also get that by crossing where she shouldn't have crossed, the man that hit them shouldn't have been at fault...EXCEPT that the fucker left the scene.

6 months for hitting 3 people and leaving the scene? Are you kidding me?

**badfish76** · July 14th, 2011, 10:41 PM

She jaywalked and is looking at a murder charge.

Oh brother! Stupid, yes; Murder? Not so sure.

**Dakota Valkyrie** · July 15th, 2011, 06:58 AM

Originally Posted by badfish76

She jaywalked and is looking at a murder charge.

Oh brother! Stupid, yes; Murder? Not so sure.

She was not charged with "murder". She's only facing a max of 3 years. Hardly what you would see in a true murder. The term "homicide" does not always mean "murder".

In most states deaths in auto accidents - when charges are brought - are called "vehicular homicide", "vehicular manslaughter" or "homicide by vehicle" (as Georgia in this case calls it). They are all more or less the same thing. They don't involve any intent to kill someone (as in a true murder) but do involve some level of reckless/negligent behavior in violation of state laws that results in death. I would imagine that these laws only apply to accidents because killing a person with a car on purpose would result in actual murder charges.

This woman was charged with homicide by vehicle in the second degree. She violated motor vehicle laws by crossing the road in an unsafe manner which resulted in death.

I'm not sure she should have been charged but since she was, I'm hoping the judge goes on the way low end on sentencing. Despite the term "homicide", it is in no way a "murder" (in legalese or common sense).

**nopatience** · July 15th, 2011, 08:35 AM

People in our town rarely use crosswalks. I can't tell you the number of times I slam on my breaks because some asshat waltzed out in front of me, but that is why the driver needs to be aware. I get that she didn't follow the motor vehicle laws, but this is a bit extreme. She has lost her child because someone else ran into them AND left the scene. It seems pretty shitty that he hits 3 people, kills one, LEAVES, and only has to serve 6 months. She jaywalks and can spend more time in jail? Because losing her child isn't sentence enough?

**Obsolete** · July 15th, 2011, 12:27 PM

From an insurance standpoint, if someone jaywalks and gets hit by a car, the jaywalker is at fault and is responsible for the damages to the car.

That's a wide ass road (assuming the photo is the actual rd), what the hell was she thinking crossing it with her babies? Although I think she is more responsible for the actual accident than the driver, I don't believe she should face jail time. Losing her child is punishment enough.

The driver should be charged with leaving the scene of an accident, but not for the accident itself. Anyone know if there is a different charge for leaving the scene of a fatal accident vs a non fatal accident?

**Dakota Valkyrie** · July 15th, 2011, 01:26 PM

Originally Posted by Obsolete

That's a wide ass road (assuming the photo is the actual rd), what the hell was she thinking crossing it with her babies?

It is the actual intersection as shown on Google Maps Streetview.

**redsaid** · July 15th, 2011, 02:18 PM

No way she should be charged, I think. WTF? And if she just stepped of the curb with her brood right in front of the car, he shouldn't be guilty either.

Here in SF pedestrians have the right of way no matter what. So if your drivin down Mission and some lady with her little gosselings in tow steps right out in front of you, you are at fault. Crosswalk or not. I think it's a stupid law. Peds, bikes, cars all have to share real estate up here. People know they can get away with it so you really have to be on your toes. I've stopped hubby from hittin' someone 3 times! I guess they were never taught to "LOOK BOTH WAYS". Or maybe they're just lookin to sue....

**Robynne** · July 15th, 2011, 02:35 PM

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.

I am betting there just wasn't a crosswalk at the intersection. And I'll bet she looked and figures the driver would stop, but he was too busy to notice. Probably texting.

When I lived in Florida, I used to have to walk a mile to the nearest bus stop. The intersection I crossed to get there had 3 crosswalks. 2 to cross one way and 1 to cross the other way. So in order to cross, I had to go in a circle almost. I was on the side of the road that the bus stop was on, but that particular side had no cross walk. So I had to cross the street, wait and cross the other street, and wait and cross the street again.

Untitled.jpg

I ended up just crossing when it was safe without the damn crosswalk because It was hot, and I just wanted to get where I was going. I think it's wrong to not have crosswalks on every side of the intersection.

**Obsolete** · July 15th, 2011, 03:17 PM

I am betting there just wasn't a crosswalk at the intersection.

In looking at the photo it seems you're right, there isn't a crosswalk. However, there aren't any lights or stop signs either from what I can see, which makes it even more dangerous to cross there.

The more I think about this story the angrier I am with her. To me this is no better than someone who leaves their child alone with an animal and ends up dead. They may not have intended for their children to be hurt or killed but their lazy, ignorant decision making cause it.

**Jerri Blank** · July 15th, 2011, 03:51 PM

If this is the center median (I'm just not sure) then the mother was nuts to be crossing there with all those young-ens. It wouldn't be good anytime but with kids her odds were poor to make it off the bat. I am thinking people fly down this road and also it was night! woah lady!

The guy was a pure dick for leaving and chances are he would have gotten zero jail time over this but that being said I also think though the mother clearly was at fault here I think losing her child like this was punishment enough.

Generally I want the book thrown at neglectful parents but I do see people do this shit all the time and though it does make me mad I wouldn't even want them fined..just warned.

This lady did something stupid she will be paying for the rest of her life. If she gets sentenced I hope it with allot of probation so she can be with her kids and help them morn the loss of their sibling. This is very tragic.

**praying with her** · July 18th, 2011, 12:16 AM

Raquel is one of my best friends and like a sister to me. She is going through hell and lives everyday missing her son. She is one of the best women I am honored to know, and she is a great mother. It was an accident. She doesn't deserve prison time. Its hell enough for her without A.J. She is definitely NOT ignorant and to place her in the category of people that purposely hurt or abandon their children, has me seeing red. She has a lot of support behind her and is trying to get through this one day at a time.

**Robynne** · July 18th, 2011, 12:57 AM

Originally Posted by praying with her

Raquel is one of my best friends and like a sister to me. She is going through hell and lives everyday missing her son. She is one of the best women I am honored to know, and she is a great mother. It was an accident. She doesn't deserve prison time. Its hell enough for her without A.J. She is definitely NOT ignorant and to place her in the category of people that purposely hurt or abandon their children, has me seeing red. She has a lot of support behind her and is trying to get through this one day at a time.

One for the books guys....
I agree with you. It was an accident and she does not deserve any jail time over it. She is going to be thinking about her little boy everyday. She will wish she never tried to cross there. She will have tons of thoughts of,"What if". It was a bad decision on her part and I'll bet she will be more careful in the future, knowing that something can happen in an instant that will change her life forever.

**Obsolete** · July 18th, 2011, 11:48 AM

Originally Posted by praying with her

Raquel is one of my best friends and like a sister to me. She is going through hell and lives everyday missing her son. She is one of the best women I am honored to know, and she is a great mother. It was an accident. She doesn't deserve prison time. Its hell enough for her without A.J. She is definitely NOT ignorant and to place her in the category of people that purposely hurt or abandon their children, has me seeing red. She has a lot of support behind her and is trying to get through this one day at a time.

No one put her in the same category as people who intentionally hurt or abandon their children. I put her in the same category as people who think it's ok to leave their children alone with family pets (Such as dogs and snakes) and then the children end up hurt or dead. I in no way think she intended to hurt her child but she did INTENTIONALLY attempt to cross a busy intersection with 3 children and no crosswalk. In doing so she endangered her children. We learn how to safely cross a street in preschool, we're told of the dangers at an early age...she knew it was dangerous and she still did it.

I agree, I don't think she should face jail time, I think she will punish herself every day for the rest of her life for this...but that doesn't change the fact that yes, she was ignorant and yes she did endanger her children.

One of my relatives stepped away from her 2 yr old in the bath long enough to answer the phone and the baby drown. She loved that baby with all of her heart and would never have intentionally hurt her but her ignorance caused her to walk away from the bathtub and her ignorance cause her baby to lose her life. I love her and I support her but that doesn't absolve her from guilt.

I'm glad she has support of good family and friends, if I knew her I would support her also, but my opinion would still be the same.

**praying with her** · July 19th, 2011, 12:42 AM

Maybe it was a bad choice on her part, but you can't say you have never done anything "ignorant" yourself. I think everyone in this world is so called ignorant is some way or another. You do something and don't even give it a second thought right at that moment. I'm not saying what she did was right but I'm not saying it was wrong either. All I can do is be here for her and stick up for her through hell and high water because I know she would surely do the same damn thing for me.

**NikkiB** · July 19th, 2011, 04:56 AM

This is bullshit, maybe she did the wrong thig, but at the same time, she lost her baby, this is not justice by any means.

**walkingeagle** · July 19th, 2011, 09:11 AM

Originally Posted by Robynne

I am betting there just wasn't a crosswalk at the intersection.

I found this at the Agitator this morning- http://www.theagitator.com/2011/07/1...eving-parents/

She was crossing at an intersection, but was apparently not in a designated crosswalk. The driver who killed her had been drinking, taking painkillers, and was blind in one eye. He also has two prior hit-and-run convictions. Nelson and her daughter were also struck and injured. Residents of Nelson’s apartment building have complained to the city about the intersection. The nearest crosswalk is a half mile away.

**nopatience** · July 19th, 2011, 09:47 AM

Originally Posted by walkingeagle

I found this at the Agitator this morning- http://www.theagitator.com/2011/07/1...eving-parents/

Wow! She's being penalized because there was no crosswalk near? A DUI, drugs and blind and only six months in jail? What is he a relative of Casey Anthony??

**AngelFire** · July 19th, 2011, 04:42 PM

@praying with her I am sorry for the loss of your friend's baby. I am sure that if she could, she would take it all back. My heart goes out to her, I don't know what would be of me, if I were in her shoes.

**Bohring** · July 19th, 2011, 05:21 PM

The nearest crosswalk is a half mile away? That's ludacrious. And I'm not sure if I spelled that correctly. All I can think is Luda.

I can absolutely see that she wouldn't want to tow all the kids a half mile away and felt it safe to walk across the street. That being said, I wouldn't have done it. My father-in-law's house is across a two-way street from my brother-in-laws house, where you can CLEARLY SEE both ways if cars are coming, and I still walk my kid to the corner to cross.

My heart goes out to the mother, I feel bad for her, she will serve her own sentence her entire life, but damn, I wouldn't have tried to cross that street with my kids.

Tragic, all the way around. Especially since the hit-and-run bastard only served six months.

**Obsolete** · July 19th, 2011, 06:48 PM

I can absolutely see that she wouldn't want to tow all the kids a half mile away and felt it safe to walk across the street.

That's like saying it's ok not to wear a seatbelt because it's uncomfortable.

I'm sure buses run on both sides of that street. She didn't have to cross where she did. From the looks of the photo it appears to be more of a highway type road.

People are hit on our main street all the time, and it isn't half as wide as the road in the photo above. I don't understand why people don't make one more bus transfer and get dropped off where they're suppose to be. It might take a lil extra time but at least the dumbasses would still be alive.

**Bohring** · July 19th, 2011, 06:55 PM

Originally Posted by Obsolete

That's like saying it's ok not to wear a seatbelt because it's uncomfortable.

I absolutely agree. I should've said: I can see that my lazy ass wouldn't have wanted to walk a half mile down the road with to cross, when it appeared I had plenty of time to cross the street. But I would have done it anyway.

I hate seatbelts. And shoes. I still wear them both.

**praying with her** · July 19th, 2011, 09:13 PM

Thank you Mybabiesmomma! What pisses me off is how people say that they would do this or would not do that. Before anyone should comment on anyone else they need to look at themselves first. Every one sins, and EVERYONE has broken the law whether you realize it or not in some shape or form. Ones that think they would of done things differently in the situation needs to get off their high ass horses. Everyone makes mistakes, we are human.

**walkingeagle** · July 23rd, 2011, 12:07 PM

http://www.theagitator.com/2011/07/2...ffington-post/

http://www.huffingtonpost.com/radley..._b_905925.html

One interesting tidbit I found while reporting the article: The hit-and-run happened on April 10th. But Nelson wasn’t charged until May 17th, three days after the Atlanta Journal-Constitution ran a big “Jaywalkers Are Courting Death” article, which mentioned her case, and that she hadn’t been charged.

**TheMorningStar** · July 24th, 2011, 09:20 PM

The Huffington Post's Radley Balko points out that Nelson may serve six times as many months in prison as the man who ran over her family and drove off.
That man, Jerry Guy, admitted he had been drinking and taking prescribed painkillers the night of the accident, and had been convicted in two earlier hit-and-runs. He served six months in jail for the crime.

http://news.yahoo.com/blogs/lookout/...201219312.html

**nopatience** · July 24th, 2011, 10:15 PM

That man, Jerry Guy, admitted he had been drinking and taking prescribed painkillers the night of the accident, and had been convicted in two earlier hit-and-runs. He served six months in jail for the crime.

I cannot understand this at all. WTF is all I can think of!

**redsaid** · July 24th, 2011, 11:57 PM

This is The mosT ridiculous Thing I've ever heard

**Obsolete** · July 25th, 2011, 12:16 PM

That man, Jerry Guy, admitted he had been drinking and taking prescribed painkillers the night of the accident, and had been convicted in two earlier hit-and-runs. He served six months in jail for the crime.

How is this even possible? Even when you take the lil ones death out of the equation it still isn't enough jail time. This was his THIRD DUI, that alone should have been 6 months in jail!

**TheMorningStar** · July 26th, 2011, 01:46 PM

A Georgia woman who was convicted on misdemeanor charges in the death of her son who darted out into traffic will not spend time in jail, a judge ruled Tuesday. The case of Raquel Nelson had attracted national notice from parents, the NAACP and even transportation advocates who said the Marietta woman was being unfairly pursued for just trying to cross the street as any other pedestrian would do.
Dozens of the suburban Atlanta woman's supporters crowded the courtroom Tuesday and applauded as Judge Kathryn Tanksley sentenced her to 12 months of probation and 40 hours of community service.
She also said Nelson could seek a new trial.
"I'm walking out of here," Nelson told reporters after her sentencing. "I don't think you could be more satisfied."

http://www.cnn.com/2011/CRIME/07/26/...er.sentencing/