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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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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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