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.
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.
"This still affects [Jerry] to this day," Simpson said. "It is tragic all around."
Guy was originally charged with hit and run, first degree homicide by vehicle and cruelty to children. Charges were later dropped to just the hit and run charge.
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.
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