Jaywalking mom appeals judge's refusal to dismiss case

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By Marcus K. Garner

The Atlanta Journal-Constitution

A Cobb County mother accused of vehicular homicide in the hit-and-run death of her 4-year-old son is appealing a judge’s decision not to dismiss all of the charges against her.

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Raquel Nelson, whose case got national attention when she was charged with vehicular homicide in her son's death, listens during the hearing at Cobb County State Court in Marietta on Wednesday, October 5, 2011.

Hyosub Shin, hshin@ajc.com Raquel Nelson, whose case got national attention when she was charged with vehicular homicide in her son's death, listens during the hearing at Cobb County State Court in Marietta on Wednesday, October 5, 2011.

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Raquel Nelson’s attorney last week filed an appeal with the Georgia Court of Appeals, requesting that the appellate court review a ruling by Cobb County State Court Judge Katherine Tanksley last month.

Nelson's attorney, Steve Sadow, had asked Tanksley to throw out charges of vehicular manslaughter and crossing outside of a crosswalk against Nelson, whose son, A.J. Newman, was killed while crossing a busy Cobb County road last year.

A jury in July convicted Nelson of three charges -- homicide by vehicle in the second degree, crossing roadway elsewhere than at crosswalk and reckless conduct. Tanksley offered Nelson the unusual choice of 12 months' probation or a new trial. Citing her belief that she’d suffered enough from the loss of her son, Nelson chose the retrial.

Tanksley later threw out the reckless conduct charge but let the other two counts stand. It's that decision that Nelson is now appealing.

A.J. was killed on the night of April 10, 2010, as he arrived home on the bus after a day out with Nelson and her two daughters, one a toddler.

After getting off the bus around 9 p.m., Nelson chose to take her children directly across Austell Road, rather than walking a half mile in either direction to a lighted crosswalk before walking back to her apartment.

After crossing to the median, Nelson waited with her children and other bus riders for traffic to clear.

But when Nelson’s older daughter ran to the sidewalk ahead of her, A.J. pulled away from his mother and darted into the street. A van driven by Jerry L. Guy sped up, witnesses testified in the trial, and hit A.J., along with Nelson, who was holding her toddler while trying to save A.J. Nelson and the toddler were not seriously injured.

Guy served six months in jail, while Nelson faces a jail sentence of as much as three years.

A Nov. 28 court date remains on hold as the appellate court considers the case.