Raquel Nelson Appeals for Dismissal Again Tuesday

Raquel Nelson, the woman charged with vehicular homicide in the hit-and-run death of her 4-year-old son, will appeal on Tuesday a judge’s decision not to throw out charges of vehicular manslaughter and crossing outside of a crosswalk, according to the Atlanta Journal-Constitution.

Judge Kathryn Tanksley sentenced Nelson to a year of probation with the option for a retrial. Nelson chose to have a new trial.

In October, Tanksley dismissed the reckless conduct charge, but denied a defense motion to dismiss the other two charges.

Nelson’s attorney, Steve Sadow, will give oral arguments Tuesday to appeal Tanksley’s decision and to have the remaining charges thrown out.

Nelson’s 4-year-old son, A.J. Newman, was killed by a hit-and-run driver in April 2010 as Nelson and her three children tried to cross darkened Austell Road from a Cobb Community Transit bus stop to their Marietta apartment complex. The was a quarter-mile away.

The driver who hit the boy and drove away, Jerry Guy, served six months in jail in 2010 after pleading guilty.

The remote possibility that Nelson could be sentenced to three years in jail, six times as much as Guy served, contributed to , and outrage over her case.

The appeal process has postponed Nelson’s Nov. 28 court date until the case is heard in appellate court.