Ga. Mom is Spared Prison in Son's Jaywalking Death (Following Outcry)

Source: Associated Press

Ga. mom is spared prison in son's jaywalking death
GREG BLUESTEIN
From Associated Press
July 26, 2011 10:44 PM EDT

- snip -

Raquel Nelson, 30, was convicted by a jury earlier this month of vehicular homicide and other charges for not using a crosswalk and could have gotten three years behind bars — far more than the six months the hit-and-run driver served.

Instead, without explanation, Judge Kathryn Tanksley gave the suburban Atlanta mother a year's probation, ordered 40 hours of community service, and took the unusual step of offering her a new trial. Nelson's lawyer said late Tuesday that she will take the judge up on the offer.

- snip -

Prosecutors' extremely rare decision to bring charges against the grieving mother had created a furor, with Nelson's supporters calling the move cruel and heartless.

More than 125,000 people joined an online petition campaign asking for mercy. The Georgia branch of the NAACP called the case against the single black mother a "grave miscarriage of justice." And the judge said her office had been flooded with letters and emails from around the country.


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they will kick about.

I was one of those thousands of people.

I am so relieved!!!

if she had been a well heeled attractive white woman things would have been very different for her: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=439&topic_id=1583257&mesg_id=1583257

Remember, Judges and Prosecutors are ELECTED officials, they do NOT want to make a decision that looks like their are soft on Crime. For this reason Judges and Prosecutors takes cases to Trial, knowing it has no merit but also knowing a Jury doing its job would NOT convict. Thus the Judge and Prosecutors use Juries to avoid making unpopular decisions,

In this case, it is clear under Georgia Law that the Defendant was WALKING IN A CROSSWALK. Under Georgia Law, ALL Intersections have crosswalks, whether they are marked or NOT. It is clear she was crossing at an unmarked crosswalk, but that is LEGAL in Georgia.

Furthermore it is LEGAL in Georgia to cross a street at any point on that street UNLESS the street being cross is in a block with Red Lights at both ends. The Defendant was crossing a street at the intersection WITHOUT a Red light, thus even if she was crossing on a road where crossing ANYWHERE on the road is legal. I point this out for she cross at an UNMARKED AND UN-SIGNALED Intersection. Thus under Georgia Law was still a Crosswalk AND it was legal for her to cross ANYWHERE between that intersection and the next two intersections which were signaled and had marked crosswalks.

Simply put, what the Defendant was doing was LEGAL and any court on appeal would make that ruling. I do NOT know why the Judge did not make such a ruling as a matter of law (The Judge may have missed the legal issue, but has since been brought up to his attention by others) and all he can do is grant a new trial.

See my previous post on this matter, it has references to Georgia Law as to Jay walking"
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=439&topic_id=1522981&mesg_id=1525049

§ 40-6-92. Crossing roadway elsewhere than at crosswalk:
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.
(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

Georgia Law
http://peds.org/resources/pedestrian_right_of_way/