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Mom faces prison for jaywalking during drunk hit-and-run that killed son; driver served 6 months
NY Daily News ^ | 7/25/11 | Philip Caulfield

Posted on 07/26/2011 4:27:43 AM PDT by Libloather

Mom faces prison for jaywalking during drunk hit-and-run that killed son; driver served 6 months
BY Philip Caulfield
DAILY NEWS STAFF WRITER
Monday, July 25th 2011, 3:29 PM

The devastated mother of a 4-year-old boy who was killed in a drunken hit-and-run accident is facing more jail time than her son's killer because she was jaywalking during the accident.

Raquel Nelson, 30, could get up to three years behind bars after being convicted on July 12 of second-degree vehicular homicide, reckless conduct, and failure to use a crosswalk during the incident in April 2010.

Nelson and her three children had gotten off a bus in Marietta, Ga., after a shopping trip. They were hurrying across a four-lane highway when drunken ex-con Jerry Guy plowed into the family with his van, killing 4-year-old A.J.

(Excerpt) Read more at nydailynews.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: jaywalking; mom; prison; son
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Wow.
1 posted on 07/26/2011 4:27:46 AM PDT by Libloather
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To: Libloather
welcome to Blooooomies NY....I suspect the woman will be also checked for salt, cigarettes and too much body fat..

my pre-written response to all things Bloomberg:

Bloomers is a Crony-capitalist, nebbish, poor little rich boy, self hating jew, tiny buttwipe of a man...the only reason he is probably not a fag (the jury is still out) is that he has the greatest aphrodisiac of all time, billions of dollars....he decries the 2nd amendment, but whines about how the enemy’s first amendment rights to worship are being usurped....even though Islam is NOT a religion but a murder cult.. © Vaquero 2010-2011

2 posted on 07/26/2011 4:36:30 AM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Libloather

We really do not know the outcome yet. She hasn’t been sentenced, she could also get probation.

Seems crazy that a man who has two previous hit and run accidents got so little time. 5 year probation for him seems ridiculous .

Justice in America. Sometimes it aint pretty.Many times it aint Justice.


3 posted on 07/26/2011 4:36:55 AM PDT by Venturer
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To: Vaquero

Agree with your assessment of Bloomberg. He is a despicable little puke.

(And yet New Yorkers will elect someone even worse when the time comes.)


4 posted on 07/26/2011 4:40:19 AM PDT by PBRSTREETGANG
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To: Libloather

The man definitely deserved more time in jail.
The woman was negligent for crossing a busy road with 3 children in tow, but considering one of her children was killed, that’s punishment enough.


5 posted on 07/26/2011 4:41:30 AM PDT by nuconvert ( Khomeini promised change too // Hail, Chairman O)
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To: Libloather

WOW!!The “real” crime here, according to the state, was ignoring one of its directives.


6 posted on 07/26/2011 4:44:08 AM PDT by mo ("If you understand, no explanation is needed; if you do not, no explanation is possible")
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To: Libloather

On a purely legal basis, which party shares the greater portion of the guilt during a collision with a jay-walker?


7 posted on 07/26/2011 4:44:16 AM PDT by James C. Bennett (An Australian.)
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To: PBRSTREETGANG
they voted for the Brutha back in 1989....then came crown heights so they voted for Rudy...who...considering what he had to work with...was GREAT...not presidential timber by any means but great for NYC....

then they gave him term limitation and his anointed successor was the Blooming idiot....who took his two terms and then changed the law and with a wink and a nod from the city council he got a 3rd term....

he probably is 1000X better than ‘The Dink’ but he is still a smelly POS....and you are correct...when he is gone...it can only get WORSE.

8 posted on 07/26/2011 4:47:47 AM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Venturer

We go light on drunk driving because Judges like to have a few belts on the way home from the courthouse.


9 posted on 07/26/2011 4:47:54 AM PDT by Wolfie
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To: Libloather
a similar incident happened in LA a few years ago where a mom in a minivan hit a part of a large sea container trailer that fell off in the road , the van started on fire and she got serious burns removing two of the kids but one burned up and died,

I remember she was charged with some kind of negligence for hitting the obstacle, the cops said it was her fault

10 posted on 07/26/2011 4:48:22 AM PDT by KTM rider ( patriot turned rebel)
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To: nuconvert
The woman was negligent for crossing a busy road with 3 children in tow, but considering one of her children was killed, that’s punishment enough.

And, considering the nearest crosswalk was nearly half a mile away, can't say I blame her for not using it.

His third arrest for hit and run?
Drunk and on pain pills?
Six months seems way too lenient, especially when a fatally is involved.

11 posted on 07/26/2011 4:53:33 AM PDT by MaryFromMichigan
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Comment #12 Removed by Moderator

Comment #13 Removed by Moderator

To: James C. Bennett

Who cares about legal, if she has her children in tow, what is she doing corssing a street where cars are allowed to drive and have the right of way??

It sounds like this WOMAN caused her kid to be killed!

That driver, whether he was drunk or not, might not have been able to avoid her running across the street


14 posted on 07/26/2011 4:53:35 AM PDT by RaceBannon (Ron Paul is to the Constitution what Fred Phelps is to the Bible.)
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Comment #15 Removed by Moderator

To: James C. Bennett

Who cares about legal, if she has her children in tow, what is she doing corssing a street where cars are allowed to drive and have the right of way??

It sounds like this WOMAN caused her kid to be killed!

That driver, whether he was drunk or not, might not have been able to avoid her running across the street


16 posted on 07/26/2011 4:53:44 AM PDT by RaceBannon (Ron Paul is to the Constitution what Fred Phelps is to the Bible.)
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To: MaryFromMichigan

Yup, that’s why I said he deserved more time in jail.


17 posted on 07/26/2011 4:56:37 AM PDT by nuconvert ( Khomeini promised change too // Hail, Chairman O)
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To: Libloather
Usual sensationalism from the Daily Snooze.

She hasn't been sentenced yet, they're just talking about the potential maximum for vehicular homicide, not jaywalking.

With that said, I understand why the jury convicted her. Jaywalking on a very busy five lane highway at dusk with three small children in tow certainly meets the definition of reckless conduct. What happened was completely foreseeable. The fact that a drunk driver happened to be the one to hit one of them is irrelevant to her putting her kids in a very, very dangerous situation.

And the snarks at "white middle class jury" and "nobody understands cause they don't ride the bus" are red herrings. Marietta is a satellite town near Atlanta, and CCT (which I'm pretty sure is the only game in town) is primarily a commuter bus service. I ride the bus pretty frequently in Atlanta, but not in Marietta.

18 posted on 07/26/2011 4:56:46 AM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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To: RaceBannon

You need to put some WD 40 on that mouse button!


19 posted on 07/26/2011 4:57:35 AM PDT by Arrowhead1952 (zero hates Texas and we hate him back. He ain't my president either.)
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To: Libloather
A poem....dedicated to the mom (in this case). One my dear Father repeated often to me as I gained the ability to wander our neighborhood both on foot and on my bike.

To wit:

"Here lies the body
Of John O'Day
Who died preserving
His right-of-way!"

RIP Little One....we hardly knew yee!

20 posted on 07/26/2011 4:57:54 AM PDT by Logic n' Reason (The stain must be REMOVED (ERADICATED)....NOW!!)
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To: Libloather

If she was a pedestrian, how could she be charged with vehicular manslaughter?


21 posted on 07/26/2011 4:58:57 AM PDT by Fresh Wind ('People have got to know whether or not their President is a crook.' Richard M. Nixon)
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To: MaryFromMichigan
She shouldn't have gotten off the bus a half mile from the crosswalk if she needed to cross the street.

This road would give most drivers the grues, let alone pedestrians. It's the main artery through Marietta, it's five widelanes, lots of commercial development so visually very confusing to drivers, very busy in the evenings, speed limit 45 iirc but many drivers go faster.

Trying to save a half mile walk by getting off the bus in the middle of a long block and jaywalking was a very bad call.

22 posted on 07/26/2011 5:08:36 AM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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To: Fresh Wind
Because her actions caused a vehicular death.
23 posted on 07/26/2011 5:10:45 AM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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To: MaryFromMichigan

The nearest crosswalk was 3/10 of a mile away- about 2-1/2 blocks. The solution of course, would be to build a bridge at every bus stop on that highway so that people would be able to immediately cross over to their homes without walking very far. It might cost 2 or 3 billion dollars, but it’s good for the economy.


24 posted on 07/26/2011 5:11:15 AM PDT by Krankor (I pushed my soul in a deep dark hole and then I followed it in.)
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To: MaryFromMichigan

Would the kid have been hit if he hadn’t been in the middle of the road, despite the condition of the driver?


25 posted on 07/26/2011 5:12:48 AM PDT by Spirit of Liberty
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To: Libloather

Sad. Regardless of the outcome of the sentencing, she has, and will continue to pay, a far higher price with the death of her child. Wonder why they decided to charge her.


26 posted on 07/26/2011 5:13:29 AM PDT by Girlene
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To: RaceBannon
Jaywalking a highway is pure insanity! As a volunteer fireman I saw the results of two 14 year olds who tried to jaywalk a busy highway during 5PM rush hour 100 feet from an intersection. It wasn't pretty. The vehicles (one coming one way and the bodies raining upon the other going the other way)had no chance in he11 to stop in time!
27 posted on 07/26/2011 5:25:42 AM PDT by Wilum (Never loaded a nuke I didn't like)
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To: Libloather

The driver was never charged with a DUI as far as I can tell. There appears to be no legal evidence that he was impaired. He was sentenced to 5 years and released after serving 6 months. He was only charged with leaving the scene of the accident.

Basically, the kid ran out in front of his car. There was nothing he could have done to avoid the kid.

Story after story repeats that he was drunk, but the police apparently had no usable evidence to charge him with a dui.


28 posted on 07/26/2011 5:44:03 AM PDT by ltc8k6
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To: Vaquero; PBRSTREETGANG
This didn't happen in NY.

Nelson and her three children had gotten off a bus in Marietta, Ga.,

29 posted on 07/26/2011 5:49:23 AM PDT by DJ MacWoW (America! The wolves are at your door! How will you answer the knock?)
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To: Vaquero

The story stated that this happened in Marietta, Georgia. Not sure what Bloomberg has to do with this story.


30 posted on 07/26/2011 5:53:12 AM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Vaquero

I agree with you about Bloomie but this incident happened in GA not NYC.


31 posted on 07/26/2011 5:54:52 AM PDT by Ratman83
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To: DJ MacWoW

yupppp

Marietta.....I blew it once again...just reading the headlines....

....but still a wonderful excuse to trash Bloomberg


32 posted on 07/26/2011 5:55:05 AM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Vaquero
....but still a wonderful excuse to trash Bloomberg

Yes it was! :-)

33 posted on 07/26/2011 5:59:59 AM PDT by DJ MacWoW (America! The wolves are at your door! How will you answer the knock?)
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To: DJ MacWoW

Thanks.

Early and should’ve paid better attention to more than just the paper doing the reporting.

I absolve Bloomberg of this...

...and nothing else. He’s still a wothless little slimeball.


34 posted on 07/26/2011 6:01:04 AM PDT by PBRSTREETGANG
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To: AnAmericanMother; Krankor
Trying to jaywalk with little kids in tow was a fatal mistake, but a long walk with little kids in tow would tempt many of us to try the same thing.

I don't know the street involved, but as one who walks and cycles (in the city) more than most, pedestrian-unfriendly street design is a pet peeve. Roads easily become barriers to anyone not in a car. How frequent the crossings need to be depends on the texture of the neighborhood and the nature of the cross traffic, but I doubt if this woman was hopping off the bus in the middle of an industrial park. If there is a shopping center, grocery, park, school, or apartment complex at that location, there should be a way to get across the street.

I don't think it's radical to insist that roads in urban areas should have sidewalks and frequent crossings at pedestrian friendly intervals. Commuters need to remember that their expressways are bisecting neighborhoods where other people live, and might actually want to cross the street regularly. If pedestrian traffic is relatively light, fine; put up a traffic light with a button for pedestrians to press.

And if that marginally inconveniences the almighty commuters in their @!@&^(*!## cars, that's tough. People who actually live in the area take precedence over people zipping through. If the commute is too long, live closer to the job.

35 posted on 07/26/2011 6:01:16 AM PDT by sphinx
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To: PBRSTREETGANG
I absolve Bloomberg of this...

...and nothing else. He’s still a worthless little slimeball.

Absolutely! :-)

36 posted on 07/26/2011 6:02:43 AM PDT by DJ MacWoW (America! The wolves are at your door! How will you answer the knock?)
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To: ltc8k6

The story stated that he admitted to having used alcohal and drugs that day. Because he commited a hit and run they woudl have not or little evidence of his impairment so they could not charge him with it.


37 posted on 07/26/2011 6:13:23 AM PDT by Ratman83
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To: Ratman83

Yes, but other versions state that he said he had “a little” alcohol and that he had been prescribed pain medication.

So it seems that they were unable to say he was impaired at the time.

The media continues to merrily report that he was drunk and high on pain meds, though.

We really don’t know.


38 posted on 07/26/2011 7:15:29 AM PDT by ltc8k6
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To: sphinx; Krankor
This is primarily a commercial area and traffic is heavy. Apartments tend to locate in commercial areas because they are high density and generate a lot of traffic. There is simply no way to adjust a busy highway to be pedestrian-friendly - large fast moving steel objects are dangerous to human beings.

The usual suspects on the local blogs are blaming the county for its street design, but frequent crosswalks impede traffic flow, and on a major highway you can't do that. Venting annoyance at commuters contributes nothing to a discussion of traffic engineering, and of course most local residents would be more inconvenienced than commuters by bad traffic jams.

And the Atlanta metro is lousy biking territory first and foremost because of the hideous topography. Not much in the way of bike lanes because there's little demand, you have to be in first class shape to negotiate the ridge-and-valley grades, and you arrive drenched in sweat and ready for a nap.

39 posted on 07/26/2011 7:40:18 AM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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To: ltc8k6

Yes we do not know. But we do know he commited a fatal hit and run. Six months and 5 years probation pretty small when it is his 3rd offense.


40 posted on 07/26/2011 7:41:58 AM PDT by Ratman83
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To: Ratman83

Apparently no driver could have avoided the child. The child apparently darted out in front of the car in the middle of the street in the dark.

His charges are apparently unrelated to the death of the child.

He was charged solely with leaving the scene of an accident as far as I know.

Charges related to the child’s death were dropped after the investigation of the accident was finished.


41 posted on 07/26/2011 7:44:50 AM PDT by ltc8k6
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To: ltc8k6
His charges are apparently unrelated to the death of the child. Right unrelated.

It is all related.

42 posted on 07/26/2011 7:49:27 AM PDT by Ratman83
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To: Ratman83

Well he wasn’t charged with anything but leaving the scene as far as I can tell.

I don’t know what else to tell you.

She was given 12 months probation, or she can have a new trial if she chooses. The judge had common sense.


43 posted on 07/26/2011 9:19:30 AM PDT by ltc8k6
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To: Ratman83
Related in the sense that he had no business running from the scene. But the charges were not causally related to the child's death.

He couldn't be charged with vehicular homicide because there wasn't any evidence that anything he did caused the collision. A "child dart-out" case is not a basis for a VH charge. The fact that he had prior DUIs and may have had a drink or taken pain meds at some time during the day doesn't prove (1) he was DUI at the time or (2) if he was DUI, that it made any difference in this case.

Leaving the scene means, of course, that there was no opportunity to give him a breath or blood test or note any signs of impairment. Which is why that's a criminal charge. But since that didn't cause the child's death, it's irrelevant for purposes of a VH charge. We'll stipulate that he's a lowlife, but that's not a basis for prosecution . . .yet.

44 posted on 07/26/2011 9:21:13 AM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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To: ltc8k6
Do we know which judge sentenced?

That seems pretty fair, given that she has no priors.

45 posted on 07/26/2011 9:24:14 AM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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To: AnAmericanMother

Tanksley.

Not sure how the judge can offer her a new trial, though.

Strange.

http://www.ajc.com/news/cobb/mom-gets-probation-and-1042791.html


46 posted on 07/26/2011 9:26:47 AM PDT by ltc8k6
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To: Arrowhead1952; Admin Moderator

Gosh, I asked the admin to delete 2 of these, too, where are they??


47 posted on 07/26/2011 9:35:38 AM PDT by RaceBannon (Ron Paul is to the Constitution what Fred Phelps is to the Bible.)
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To: ltc8k6
She's a good judge. Daughter of Judge Jeptha Tanksley, law school classmate of my dad's and a wounded WWII vet.

In GA, a trial judge has the discretion to grant a new trial once for just about any reason. I'm sure she offered that because Nelson went to the media with all the 'not a jury of my peers', white middle class, etc. talk. That was primarily intended to put the judge on the hot seat over sentencing, though, so I think you'll see this case just fade away. She'd be a fool to ask for a new trial because she can't do better with this evidence.

48 posted on 07/26/2011 9:37:44 AM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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To: sphinx

No, I dont think you would cross a highway with toddlers!


49 posted on 07/26/2011 9:54:20 AM PDT by RaceBannon (Ron Paul is to the Constitution what Fred Phelps is to the Bible.)
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To: RaceBannon

There are still two posted. I got the WD 40 treatment way back when I was a noobie, so just decided to yank your chain for that.


50 posted on 07/26/2011 9:58:50 AM PDT by Arrowhead1952 (zero hates Texas and we hate him back. He ain't my president either.)
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