Jaywalking mom Raqeul Nelson appeals conviction in son's death

Cobb County woman accused of vehicular homicide in the hit-and-run death of her 4-year-old son is appealing a judge's decision not to dismiss all of the charges against her.

Two years ago, Raquel Nelson and several children were stepping off a bus on Austell Road at night when her son, AJ, was hit by a drunken driver. They were not in a crosswalk at the time.

”It was unfortunate. It was tragic, but that doesn’t make it a crime, Nelson’s attoey Steve Sadow said in appellate court Tuesday.

The driver, 47-year-old Jerry Guy, was arrested the day after the crash after fleeing the scene. He was charged with three felony counts, including first-degree homicide by vehicle. Court records show he was convicted of two prior hit-and-runs. He spent six months incarcerated under a plea deal.

Prosecutors said they had little choice but to also charge Nelson, which sparked outrage from activists. She could have spent more time than her son’s killer, originally facing three years in jail.

In court, a judge tossed out a reckless conduct charge, but Nelson still faced 12 months of probation and 40 hours of community service for other charges. She was also offered a new trial, but her attoey argued Tuesday that Nelson should not have to go through that.

”She has to live with this the rest of her life. It’s critical for there to be a determination that she is not criminally responsible for the death of her child, Sadow said.

Representatives with the county Solicitor’s Office, which prosecuted Nelson, were also in court. They declined to participate in the process but submitted briefs to justices.

A ruling could take up to six months.