Tuesday, July 26 2011 12:41 PM EDT2011-07-26 16:41:22 GMT
The smile of 4-year-old A.J. Newman is now only in pictures. He was killed by a hit-and-run driver on Austell Road, Saturday.More >
MARIETTA, GA (CBS ATLANTA) -
A woman whose 4-year-old son was struck by a van and killed while the family was crossing a busy Cobb County street is asking for the charges against her to be dropped.
Raquel Nelson, 30, sat through yet another court hearing where she had to relive the moments her son AJ was killed.
"It's a miracle I can wake up with a straight head. I just have a one-day approach," Nelson said.
Nelson covered her ears as her attorney, Steven Sadow, described her son's final moments alive.
"The event will follow me forever," Nelson said.
Nelson was back in court Wednesday fighting to clear her name.
A state court judge threw out the reckless conduct count against Nelson. Her defense attorney called it a victory.
The two misdemeanor counts still standing are vehicular homicide second-degree and crossing a roadway in an unsafe manner.
"I don't think a woman, under these circumstances, should be prosecuted in criminal court for conduct she has to live with every day of her life," Sadow said.
"I wanted it over with today but I'm optimistic," Nelson said.
In August, Nelson, was sentenced to 12 months probation in Cobb County State Court on a vehicular homicide charge, and was also given the opportunity to request a new trial.
"I'm walking out of here. I couldn't be more satisfied," said Nelson. "I'd like to thank everybody for your concern and support and help getting the message out there and hopefully we can move on from this situation better than we have been throughout this situation."
The accident that killed Nelson's son happened back in April on a busy street in Austell. Nelson's former attorney said she and her children were crossing the street after getting off a bus, three-tenths of a mile from a crosswalk. The attorney says Nelson's daughter and son bolted from a median as a van approached.
All three were struck by a van, slightly injuring Nelson and her daughter but killing her son, AJ Newman.
The driver, Jerry Guy, pleaded guilty to hit-and-run and served a six-month sentence.
Guy previously spent time in jail nine different times, mostly on traffic charges. In the late '90s he was sentenced to two years in prison for two hit-and-run accidents, neither of which were fatal.
The possibility that Nelson could have spent more time in prison than the driver outraged many in Cobb and across the country.
Nelson shared her story to CNN and NBC's Today Show before the sentencing. A petition was circulated requesting Nelson not be sentenced to jail time.
The Facebook page for the Cobb County Solicitor General's office contains dozens of comments critical of the solicitor Barry Morgan.
"You should hang your head in shame, Mr. Morgan," wrote Tina.
Robert wrote, "As a lawyer I'm embarrassed for the mockery you have made of our profession and the concept of justice."
The Solicitor General's office wouldn't respond to the comments or say if it would prosecute the new case, should Nelson decide to ask for the trial.
Friday, May 17 2013 7:16 PM EDT2013-05-17 23:16:53 GMT
One person has died in a crash near Harrisonville, MO, Thursday evening. The crash happened on Missouri Highway 7 and Walker Road. It involved a car and a tractor-trailer. Harrisonville is in Cass County.More >
Savannah Nash celebrated her 16th birthday last week. She died Thursday when her car slammed into a semi while she was texting during her first time driving by herself.More >
Monday, May 20 2013 5:16 PM EDT2013-05-20 21:16:44 GMT
DeKalb County Police confirm that a former NFL player David McMillan III was shot and killed in Decatur on Saturday. McMillan played for the Cleveland Browns from 2005 to 2007. Based on witness statementsMore >
DeKalb County Police confirm that a former NFL player David McMillan III was shot and killed in Decatur on Saturday.More >
Monday, May 20 2013 10:53 AM EDT2013-05-20 14:53:00 GMT
Georgia Lottery players statewide won big from Saturday's historic $591 million Powerball drawing. Winning tickets worth $1 million were sold at RaceTrac on Riverstone Parkway in Canton and Corner CupboardMore >
Georgia Lottery players statewide won big from Saturday's historic $591 million Powerball drawing.More >
Tuesday, May 21 2013 8:19 AM EDT2013-05-21 12:19:04 GMT
The trailer was purchased by the Boy Scouts with hard work from fundraiser's, and donations from charitable contributions. Now, it is in the hands of a criminal. It was stolen sometime last week, butMore >
The trailer was purchased by the Boy Scouts with hard work from fundraisers, and donations from charitable contributions.More >
Tuesday, May 21 2013 7:41 AM EDT2013-05-21 11:41:58 GMT
Heavy rain over the weekend at Lake Lanier brought water levels even higher and for the first time in awhile, it's actually a bad thing. Alex Laidlaw is the Vice President of Westrec Marinas. He has seenMore >
Heavy rain over the weekend at Lake Lanier brought water levels even higher and for the first time in awhile, it's actually a bad thing.More >
Tuesday, May 21 2013 2:01 AM EDT2013-05-21 06:01:07 GMT
(RNN) – A day after long track tornadoes devastated Shawnee and Edmond, OK, another round has begun near Oklahoma City.KOCO broadcast a slow rotating cloud that slowly extended down towards the groundMore >
At least 51 have died in a storm the National Weather Service described as large and violent.More >