Raquel Nelson faced a dilemma after she was convicted of vehicular homicide in the jaywalking-related death of her 4-year-old son: She could serve a year of probation for the conviction or risk a new trial and lengthier penalty for a crime she doesn’t believe she committed.<\/p>\n
On Tuesday, though, Nelson picked a third option. Her attorney asked the Georgia Court of Appeals to dismiss all criminal charges against Nelson, arguing that prosecutors didn’t have enough evidence to charge her with any crime involving the death of her son A.J., who was struck by a hit-and-run driver as Nelson led him across the street.<\/p>\n
“This was crossing the street with other people to get home,” defense attorney Steve Sadow told the three-judge panel. “It was unfortunate. And it was tragic. But that doesn’t make it a crime.”<\/p>\n
Nelson was charged after A.J. was struck by a van as they jaywalked across a busy five-lane road in suburban Atlanta, and the case against her sparked outrage from activists who flooded the judge’s office with letters and gathered thousands of signatures on an online petition to support her.<\/p>\n