Woman sentenced to 12 months probation for child's accident - CBS46 News

Ga. mother sentenced to probation for child's death wants charges dropped

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Nelson hugs an attorney after hearing the judge's ruling Nelson hugs an attorney after hearing the judge's ruling
MARIETTA, GA (CBS ATLANTA) -

A woman whose 4-year-old son was struck by a van and killed while the family was crossing a busy Cobb County street is asking for the charges against her to be dropped.

Raquel Nelson, 30, sat through yet another court hearing where she had to relive the moments her son AJ was killed.

"It's a miracle I can wake up with a straight head. I just have a one-day approach," Nelson said.

Nelson covered her ears as her attorney, Steven Sadow, described her son's final moments alive.

"The event will follow me forever," Nelson said.

Nelson was back in court Wednesday fighting to clear her name.

A state court judge threw out the reckless conduct count against Nelson. Her defense attorney called it a victory.

The two misdemeanor counts still standing are vehicular homicide second-degree and crossing a roadway in an unsafe manner.

"I don't think a woman, under these circumstances, should be prosecuted in criminal court for conduct she has to live with every day of her life," Sadow said.

"I wanted it over with today but I'm optimistic," Nelson said.

In August, Nelson, was sentenced to 12 months probation in Cobb County State Court on a vehicular homicide charge, and was also given the opportunity to request a new trial.

"I'm walking out of here. I couldn't be more satisfied," said Nelson. "I'd like to thank everybody for your concern and support and help getting the message out there and hopefully we can move on from this situation better than we have been throughout this situation."

The accident that killed Nelson's son happened back in April on a busy street in Austell. Nelson's former attorney said she and her children were crossing the street after getting off a bus, three-tenths of a mile from a crosswalk. The attorney says Nelson's daughter and son bolted from a median as a van approached.

All three were struck by a van, slightly injuring Nelson and her daughter but killing her son, AJ Newman.

The driver, Jerry Guy, pleaded guilty to hit-and-run and served a six-month sentence.

Guy previously spent time in jail nine different times, mostly on traffic charges. In the late '90s he was sentenced to two years in prison for two hit-and-run accidents, neither of which were fatal.

The possibility that Nelson could have spent more time in prison than the driver outraged many in Cobb and across the country.

Nelson shared her story to CNN and NBC's Today Show before the sentencing. A petition was circulated requesting Nelson not be sentenced to jail time.

The Facebook page for the Cobb County Solicitor General's office contains dozens of comments critical of the solicitor Barry Morgan.

"You should hang your head in shame, Mr. Morgan," wrote Tina.

Robert wrote, "As a lawyer I'm embarrassed for the mockery you have made of our profession and the concept of justice."

The Solicitor General's office wouldn't respond to the comments or say if it would prosecute the new case, should Nelson decide to ask for the trial.

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