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Mother Who Lost Son in Hit-and-Run Will Not Serve Jail Time

Mother Who Lost Son in Hit-and-Run Will Not Serve Jail Time

In April of 2010, Raquel Nelson and her three children spent the day celebrating a family birthday and grocery shopping, but when the family missed one bus and had to wait an extra hour on the next one, it began to get dark and Raquel focused on getting her children home. They exited the bus, laden with groceries, and began to cross the four lane street that separated the bus stop from their apartment complex. Raquel and her children, along with a group of neighbors, made it safely to the median. When another woman attempted to finish crossing, four-year-old A.J. Nelson broke away from his mother to follow her and was struck and killed by Jerry L. Guy, who fled the scene and was tracked down later that night. Raquel and her youngest daughter suffered minor injuries during the accident and her oldest daughter was unharmed.

Jerry, who has a history of hit-and-runs, later admitted through his lawyer that he had consumed “a little” alcohol earlier in the day, was on pain medication and is partially blind in one eye. Jerry received a 6 month jail sentence and 5 years probation for the hit-and-run charge he was convicted of.

Raquel Nelson was tried and convicted of homicide by vehicle in the death of her son and faced up to 3 years in prison, just for trying to cross the street and get her children home. An MSNBC article describes Raquel’s “jury of peers” by explaining

“During jury questioning for Nelson’s trial, when members of the jury that would eventually convict her were asked if any of them relied on public transportation, no one raised their hand. A handful admitted to occasionally taking the bus to go to Atlanta Braves games.”

Today, Raquel faced a judge to receive the sentencing that would determine the fate of her family for the next few years of their lives. Raquel was given 40 hours of community service, 2 years of probation and the opportunity to have a new trial, if she chooses to. While this isn’t the ideal outcome for Raquel, it is at least better for Raquel’s daughters, who depend on her and will not have to lose their mom so soon after losing their brother.

Raquel’s situation struck a cord with people from around the country and around the world. Signers of the Care2 petition, Georgia: Don’t Punish Pedestrians for Driver’s Mistakes!, left many heartfelt and outraged comments, some of which I’d like to share here:

Georgia residents spoke up to defend the the Marietta mother and ask for better protection for pedestrians in their state:

Regina Barber, GA
I’m totally SHOCKED by the verdict in this case! My heart goes out to Ms. Nelson and to her two daughters. Governor Deal, please intervene on the behalf of this family. Enough is enough. The law serves multiple purposes. There will be absolutely no purpose in allowing Ms. Nelson to be sentenced to jail. The right thing to do is providing a better way for our children to be safer on the streets of Georgia.

Jennifer OLeary, GA
Because Georgia doesn’t have enough laws to protect people that walk on usually “walkless” areas. There are not enough sidewalks, bridges, crosswalks. If Georgia really cares about her citizens then this case should be an example of what Georgia needs to do to protect them, not prosecute them.

Americans from all over identified with and defended Raquel and her children:

Emily Ofiara, OH
This mother was only trying to get her family home. The last thing she would have wanted was for one of her children to be hurt, or even killed. Her family has suffered an enormous loss, and she does not deserve to be thrown in prison because of one man’s carelessness. Furthermore, her two children have already lost a family member, and losing their mother because of injustice is only hurting them even more. Let this mother finally grieve the loss of her child, and let her children keep what is left of their family.

Signers from as far away as Australia came to Raquel’s defense.

Name not displayed, Australia
Pedestrians are the most vulnerable objects on the road and it is the responsibility of the driver to take utmost caution to avoid pedestrians. The driver was obviously not a cautious driver-given his terrible hit and run record-and didn’t even stop when he hit a child! Pedestrians are in a very difficult position when crossing busy roads and are influenced by a number of factors (the culture of crossing at areas where there are no crossings) and just like drivers sometimes make judgement errors. It would be foolish to jail someone like Raquel. It would only serve to further damage her olther living children, who would not only have to deal with the loss of their brother but the lose of their mother’s love and care. The driver should have recieved a greater penalty instead

Raquel’s conviction should still be overturned without her and her family having to go through another trial, but for now, at least she’ll be where she belongs: at home with her children.

Related Posts:

Mother Who Lost Son in Hit-and-Run Faces 36 Months in Prison

Mother Who Lost Son in Hit-and-Run Faces Longer Jail Term Than Driver

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57 comments

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12:38PM PDT on Oct 6, 2011

Just goes to show you how crooked DAs can be and how ignorant and irrational juries can be in this nation's justice system.

6:29AM PDT on Oct 5, 2011

Noelle J - you should take a look at the video which shows the location. This is not like people jay walking with their kids when they could walk a half block to the light. http://www.care2.com/causes/mother-who-lost-son-in-hit-and-run-faces-36-months-in-prison.html
It's 1/3 of a mile walk from the bus stop to the nearest traffic light or crosswalk. Why did Cobb County place a bus stop directly across from an apartment complex if it was not intended to serve the people at the apartment complex? Why didn't they put up highway signs saying "Caution - Pedestrian Crossing" since people crossing there was obviously the purpose of putting the stop DIRECTLY across from the apartment complex? Or signs to reduce speed at the crossing - cars looked like they were going at least 45 mph through that area, maybe faster.

Seems to me the D.A. is trying to keep the county from getting sued for negligence in their design of public transit. Just like the roads and highways, the design of public transit needs to be done with attention given to safety.

It's ridiculous for this woman to get jail time.

6:07AM PDT on Oct 5, 2011

this reminds me of the laws that put women in Pakistan in jail if they have been raped.
it seems that more and more, when a bad thing happens to a woman, she is blamed and punished for it.
in Pakistan the rapist is rarely if ever taken to court, but the women are either killed for the honour of the family, or put in zina prisons for having "made" a man rape them.
here, the drunk, drugged and half blind man kills a child, and he gets a ridiculously light sentence, even though he was a repeat offender.
the woman who DID NOTHING WRONG not only loses her son because of that piece of human garbage, but gets a STIFFER SENTENCE.
a stiffer sentence than the guy that ran down a child and fled.

there is a hatred of women that we have just accepted for too long. now, we are seeing the inevitable evolution of that hate.
if you don't support women's rights, then i hope you like what you see.

9:00AM PDT on Aug 25, 2011

If they were jaywalking, there is really no excuse. I always find it horrifying when I see people running across the street with their kids because they're too lazy to go over to a crosswalk. Jaywalking is against the law and it is negligent to endanger your children by involving them in this crime.

3:02PM PDT on Aug 24, 2011

wish her n her family all the best. this is tragic

10:59AM PDT on Jul 31, 2011

She should never have been put on trial in the first place. Mothers are always given 100% of the blame when something bad happens to their children, and 0% of the credit when their children achieve greatness. It's disgusting.

There was a brilliant episode of, I think, Dan Rather Reports about the lack of crosswalks and overpasses near bus stops on Georgia city highways. It is ridiculously common for people to get injured or killed while crossing the street in Georgia. There are these huge 4-lane highways, and some people have to walk nearly a mile to get to the nearest crosswalk from the bus stop. There was a woman who had to cross a huge highway to get to work, which was right across the street from the bus stop, or walk almost a mile to the nearest crosswalk just to cross the street and walk all the way to her workplace. I can't find the transcript for the show, so maybe it wasn't Dan Rather Reports, but I'm pretty sure it was on that show. If anyone can find the transcript for that show, it's definitely worth the read.

4:56PM PDT on Jul 29, 2011

I agree with Robert C., Patrick F., & Linda L. A lot of things need to be fixed, the location of the bus drop, the lack of a crosswalk, and the justice system for starters.

6:46PM PDT on Jul 28, 2011

She should have got a new trial anyways, she was NOT judged by a jury of her peers, they were more like a jury of Jerry L. Guy's peers. On that basis, it should be a mistrial.

12:02PM PDT on Jul 28, 2011

That poor poor woman... that shows just how wrong the law can get things.... I am just glad she is at home with her kids where she should be.

11:35PM PDT on Jul 27, 2011

Bad enough she lost her son! I don't get how this could even remotely be construed as her fault. How traumatizing to go to court for that.

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