Mom convicted in son’s jaywalking death will (?) serve more time than her son's Killer!

Page has been updated as of 11:28

A woman whose 4-year-old son was struck by a van and killed while the family was attempting to cross a busy Cobb County street was sentenced to 12 months probation.

Originally posted by BeyondPerception

Originally posted by CuervoWhen I lived in Seattle, I saw cops draw guns on jaywalkers. Twice.

So they'd hurry across the street? Sounds a bit extreme. I'm sure there was more to it then that. Either that, or it's an issue with the cops.

You are right, it is a bit extreme. That's why I posted it. Pedestrians get hit all the time downtown there. I've been hit while using the crosswalk so they are a bit touchy about people jaywalking. Seattle cops, in general, are a little twitchy. Never understood why since Seattle is a pretty laid-back city.

reply to post by Hessling


Right on and starred.

You are right, it's the blame game, it's the blame the victim game, and it's rampant in the world.

Some day we may all finally figure this out and actually blame the perpetrator of a crime instead of the victim. Who was the perp in this crime? A drunk driver, but let's blame the parent instead.

Why do we have this psychological drama which somehow leaves us blaming the victim? Because, if we can somehow place the blame on the victim instead of the perp, we can say to ourselves, it won't happen to me because I am not as dumb as THAT person. We can then feel safer in this world, at least those who blame the victim think so. It's easier to bash on a victim and get them to blame themselves and then change how they think and live. It's almost impossible to get a repeat perpetrator to change how they think and live. In the end, by doing this we support the perpetrators by giving them an excuse to blame their victim, and many stand beside the perpetrator instead of the victim. In the end, leaving the door wide open for even more people to become victims of crimes. I am talking any crime and not just this one.

Harm None
Peace

Though I don't know the details if your a parent and you lead your child into the path of a vehicle you should be to blame unless the car drove up onto the sidewalk you endangered your childs life willingly.

The guy who people say was drinking I don't know if he was legally above the limit or if they even care but the fact is he was driving where cars are supposed to be and she walked her family in front of him.

This whole story is changing my mind on something i thought was so simple just a day ago. I honestly jaywalk every single day and it seems perfectly normal. I guess as an adult that is your choice to make (your life). But i do agree that you should never do it with children. The funny thing is when i was taught how to cross the street i was taught to "look both ways" no one ever said "only cross in a crosswalk". I have even lived places where there weren't any crosswalks!

I guess it all depends on what kind of street you are crossing

This guy was using the crosswalk, the light was red and he still got hit. What do you say about that?



Crosswalks and red lights don't stop people from getting hit. I am actually willing to bet MORE pedestrians get hit by cars USING crosswalks than anything else.

Has anyone ever seen a case against a driver for failing to yield to pedestrians in a cross walk? The only time I've seen that is in school zones. If drivers don't yield why should pedestrians use cross walks, it goes both ways.

Also don't forget that it's over a half mile to the cross walk and back to the apartment, with kids, and groceries. How many people do you honestly know that would walk a half mile lugging around 20lbs of food instead of just crossing the street.

Honestly the driver should be in prison for 20+ years, not for being drunk, but for hit-and-run, since it looks like he's be in multiple hit and runs. If you hit someone and don't stop to see if they are ok, i wouldn't even consider you to be a human being, you're nothing more than an animal.

www.cbsatlanta.com

I have signed the petition last night when I read the story. Did you guys know that he was partially blind in one eye and he had his lights on brights, and kept driving. I found that out in the video, because a lady told the report that she seen the accident happen. The mother said that if she used the cross walk, that there is a area that is dark and she didn't want to walk down that dark area with her kids. She wanted to get the kids and her self home safe, she could get the baths for the kids and put them to bed so, she can take one and go to bed her self.
In my opinion, She shouldn't be charged at all.

I have an update where you sign the petition at.

Amazing outcome. The judge has made the "unusual decision" to offer Raquel the choice between a new trial to clear her name or a 12 month probation. Raquel is conferring with her lawyers right now, but is leaning towards a new trial.

www.change.org...

Originally posted by SilentNoise
Has anyone ever seen a case against a driver for failing to yield to pedestrians in a cross walk? The only time I've seen that is in school zones. If drivers don't yield why should pedestrians use cross walks, it goes both ways.

So it's just as likely you'll get run over in a crosswalk, than not in a cross walk?

Originally posted by SilentNoise
Also don't forget that it's over a half mile to the cross walk and back to the apartment, with kids, and groceries. How many people do you honestly know that would walk a half mile lugging around 20lbs of food instead of just crossing the street.

So you're suggesting that people jaywalk with their kids in instances where it's an inconvenience to use a crosswalk?

Maybe think twice about buying 20 lbs of groceries.

Originally posted by SilentNoise
Honestly the driver should be in prison for 20+ years, not for being drunk, but for hit-and-run, since it looks like he's be in multiple hit and runs. If you hit someone and don't stop to see if they are ok, i wouldn't even consider you to be a human being, you're nothing more than an animal.

So 20+ years because he's not much more than an animal?

But the mom, who teaches her kids to jaywalk, in very dangerous conditions, is a wonderful human being?

Can you even contemplate the idea of a bad parent and bad parenting? Just because someone is a parent, it doesn't mean they're perfect, and she's shown she is no role model.

These kids should be trusting their mother to set safe examples for them, and she isn't.

reply to post by TinkerBellAmy

The mother said that if she used the cross walk, that there is a area that is dark and she didn't want to walk down that dark area with her kids.

Thank you for posting this. It gives me peace, I hope it gives the mother peace also.

In conclusion?

NO ONE is safe from drunk drivers.

End of story.

peace

reply to post by BeyondPerception

Maybe think twice about buying 20 lbs of groceries.

What world do you live in? 20 lbs of groceries for three growing kids and yourself isn't much at all - especially if one of those bags you're carrying happens to contain a milk jug or two.

Between that line of ignorance and some of your other lines of judgmental (cough) wisdom? Wow. I can't help but wonder how Ron Paul would reply to your opinions.

I'm of the understanding Mr. Paul would agree with the contributor here on this thread who posted: 'When did America get so stupid they don't know where to cross the street?'

Facts are, reality of life is, this mother made a best guess judgment call on what was best for her and her children. A dark night, a long walk, alone, no help or support system? She did what she had to do.

If her judgment call was a mistake? THAT DOES NOT NEGATE THE FACT HER CHILD WAS KILLED BY A MAN WHO IS A REPEAT OFFENDER/DRUNK DRIVER WITH A RECORD OF HITTING PEDESTRIANS!

Someone needs to screw your head on straight. In the mean time I so hope you never find yourself in a situation where you have to choose between what you feel in your heart is right and crossing a thin yellow line.

peace

There are an alarming number of pedestrian accidents in the United States. One would assume that most of these accidents happened as people violated jaywalking laws and scurried across the street through traffic without using a crosswalk. That assumption would be wrong. Many pedestrian accidents happen while pedestrians are in crosswalks, and drivers, for lack of attention or patience, don’t heed the right of way.

Though the DOT has shown some concern for the issue of pedestrian accidents in the past, they became acutely aware of the problem this year following two DOT employees being hit and killed in the crosswalk right outside of the DOT headquarters in Washington DC. One of the employees died of her injuries after being struck by a dump truck.

www.phillipswebster.com...

Originally posted by silo13
reply to post by BeyondPerception

 

Maybe think twice about buying 20 lbs of groceries.

What world do you live in? 20 lbs of groceries for three growing kids and yourself isn't much at all - especially if one of those bags you're carrying happens to contain a milk jug or two.

Between that line of ignorance and some of your other lines of judgmental (cough) wisdom? Wow. I can't help but wonder how Ron Paul would reply to your opinions.

I'm of the understanding Mr. Paul would agree with the contributor here on this thread who posted: 'When did America get so stupid they don't know where to cross the street?'

Facts are, reality of life is, this mother made a best guess judgment call on what was best for her and her children. A dark night, a long walk, alone, no help or support system? She did what she had to do.

If her judgment call was a mistake? THAT DOES NOT NEGATE THE FACT HER CHILD WAS KILLED BY A MAN WHO IS A REPEAT OFFENDER/DRUNK DRIVER WITH A RECORD OF HITTING PEDESTRIANS!

Someone needs to screw your head on straight. In the mean time I so hope you never find yourself in a situation where you have to choose between what you feel in your heart is right and crossing a thin yellow line.

peace

edit on 26-7-2011 by silo13 because: (no reason given)

My point was, if you're going to complain about the weight of groceries, maybe consider alternatives for getting your groceries from the store back home, so that you don't have to endanger your kids every time you go shopping. Maybe, I don't know, ask someone for help? Have someone babysit while you go shopping (so you don't have to take your kids across 4 lanes of road)? Invest in a fold-up cart (Oh noes, that would cost a whole 25 dollars) or ask a neighbor to help you get one? Is that so difficult?

Biggest problem these days is parent's don't want to take an ounce of responsibility for what they teach their kids, nor be responsible for where those teachings lead them. And it's sad that people continue to support this crap.

As for the driver, he shouldn't have been on the road in the first place, given his record. But using his history as some sort of way to justify this leads you nowhere. This could have very likely happened to any motorist in that location the time the kid was in the road, and ended with same result. We don't know the exact details on what happened, so it's difficult to weigh who was more at fault in the incident, and if it was even preventable on the driver's end.

reply to post by ProphecyPhD


And you can blame for DOT for this nonsense. Otherwise, it's like blaming the students because their teacher's suck.

There are so many uneducated drivers on the road it's astonishing. Why attaining the privilege of driving isn't more strict other than a handful of questions and 2 minute drive, is anyone's guess.

I wonder how easy it would be to get a pilot's license? Not to say operating a vehicle is as easy, per say, but we do need to take further steps before just letting any ole person behind the wheel of a car on public roads.

reply to post by BeyondPerception


From what i found the normal walking speed is around 2-3 MPH. Which means 6/10s of a mile will take 12-18 minutes of straight walking. That's not counting how long you'll have to wait at the cross section for people to actually stop.

How many times have you failed to stop for someone in a crosswalk? You do realize it's illegal to not yield the right of way correct? How many times have you just followed the car in front of you and ignored the person in the crosswalk. She was just doing the same thing and following all the other people that got off the bus across the street.

And no parent is perfect, maybe she always goes way out of her way to use the crosswalk, but this time decided to run across the street since she missed her regular bus and the sun went down. Lets face it, would you really go off all by yourself in a big city after dark, or would you stick with the crowd. Heck, most people in Phoenix wont even go out by themselves during the day, let alone at night.

Hitting a kid who ran out in front of you and at such a distance as to not allow you to react in time is an accident. Not stopping and not reporting the accident is a crime.

Originally posted by SilentNoise
reply to post by BeyondPerception

 

From what i found the normal walking speed is around 2-3 MPH. Which means 6/10s of a mile will take 12-18 minutes of straight walking. That's not counting how long you'll have to wait at the cross section for people to actually stop.

I'd bet that crosswalk is her new best friend. Maybe saving a few minutes wasn't worth it after all?

Originally posted by SilentNoise
How many times have you failed to stop for someone in a crosswalk? You do realize it's illegal to not yield the right of way correct? How many times have you just followed the car in front of you and ignored the person in the crosswalk.

Never. Yes. Never. (I hear you giggling over there) Thank you for the generalization. Nailed it.

Originally posted by SilentNoise
She was just doing the same thing and following all the other people that got off the bus across the street.

Sounds like a mental disorder to me. Most people would be aware they had young children with them.

Originally posted by SilentNoise
And no parent is perfect, maybe she always goes way out of her way to use the crosswalk, but this time decided to run across the street since she missed her regular bus and the sun went down. Lets face it, would you really go off all by yourself in a big city after dark, or would you stick with the crowd. Heck, most people in Phoenix wont even go out by themselves during the day, let alone at night.

I find it hard to believe, as no straight-thinking person would risk taking their family (or anyone elses, for that matter) across a 4 lane road, in the dark, on a whim. Remember, this is where she lives, so it's likely she made a habit of this, hence why her 4-year-old was comfortable enough to run across the road all on his own. This behavior didn't just occur, it was taught. She already stated she was jaywalking, so it'd be different if her kid just ran across the road for no reason at all, but that isn't what happened here.

Originally posted by SilentNoiseHitting a kid who ran out in front of you and at such a distance as to not allow you to react in time is an accident. Not stopping and not reporting the accident is a crime.

Well, let's just hope this was an accident (in which he was unable to prevent) and not something sugar-coated to look like one. We'll never know.

The guy is definitely an idiot for DWI as well as fleeing from the scene, but even if he didn't flee, it changes nothing but his jail sentence. Him not fleeing from the scene doesn't bring the kid back to life.

I do not think she deserves that much time in prison, or to be sent to prison at all.
The drunk driver, should be going to prison for 3 years.

I say slap the mother with a fine and send her to parenting classes. She already lost a child. That is punishment enough to a mother (only mothers know what this is like).

As for the drunk driver, he shouldn't have a license to begin with. First of all, put that in the shredder. Impound his vehicle till he can afford to install a breathalyzer for his ignition if he decides to try and drink and drive again (cuz we all know having a piece of I.D or not will/not stop you from driving if you really wanted to).
Also, send him to a rehab program for alcoholism before he can get his car back.

Raquel Nelson, walked out of the courtroom with her family today. And that's not all: The judge offered a new trial to clear her name.

From my Change.org email.

reply to post by gentledissident

Thanks for that update. I have a link but I lost it.

So, the rest of the story is she's thinking of taking the judge up on his offer of another trial.

Interesting.

Let me go find the link!

Ok, here it is:

source

Instead, without explanation, Judge Kathryn Tanksley gave the suburban Atlanta mother one year of probation, ordered 40 hours of community service and took the unusual step of offering her a new trial - which Nelson accepted later yesterday, said her attorney, David Savoy.

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 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 across the country.

The driver, Jerry Guy, served six months in prison after pleading guilty to hit-and-run. According to court records, he had been drinking earlier in the day while taking pain medication, was partially blind in one eye, and had two previous hit-and-run convictions from 1997.

So the story continues...

peace