Mum Sentenced Over Son's Hit & Run Death
Discussion
http://uk.news.yahoo.com/mum-sentenced-over-sons-h...
Plus, Sally Flocks can be added to the list of people I'd like to punch in the face.
The chap doesn't exactly sound like the best of drivers though. Another hit & run, drinking, painkillers (obv depends what type as to how the drink would react) etc
Anyway, POS article. End rant.
Sky News said:
A mother has been convicted of killing her four-year-old son after he died in a hit-and-run in the US because she crossed the road with her children at the wrong place.
Raquel Nelson had faced up to three years in prison - longer than the driver responsible for her child's death who served only six months behind bars.
However, the 30-year-old received a 12-months probationary sentence after the case caused public uproar in America.
Ms Nelson's son was killed in April last year when he was knocked down by a van after slipping from his mother's grasp as they crossed the road to get from a bus stop to their apartment building in the city of Marietta , north of Atlanta.
The distraught mum was also injured in the incident along with her young daughter.
Ms Nelson was subsequently prosecuted under the offence of jaywalking, which dictates that it is illegal to cross the road anywhere other than at a designated crossing point.
She was convicted by the all-white jury of second-degree vehicular homicide and other offences.
Her lawyer, David Savoy, said the driver was drinking and had taken painkillers on the night of the accident and was mostly blind in one eye.
He also had a prior conviction for a hit-and-run accident.
"For vehicular homicide in the second degree you don't have to be driving a vehicle," Mr Savoy explained.
"It requires that you caused the death of another. She 'caused' the death of another. How tragic is that?"
Judge Kathryn Tanksley, who also ordered the defendant to perform 40 hours of community service and pay a $50 (£30) fine, invoked a little-used Georgia state law to offer her a new trial at the end of a hearing in which character witnesses and spectators wept.
Ms Nelson's lawyer and other character witnesses described her as an exemplary mother shattered by the accident for which she blamed herself.
She thanked the court but refused to say whether she would accept the offer of a new trial.
Some critics said the judge should not have handed out a sentence in a case that should never have been prosecuted.
Sally Flocks of the group Pedestrians Educating Drivers on Safety said the case exposed a lack of consideration for pedestrians in a state with a car-centric culture.
Most users of buses in Marietta, a largely white and conservative community north of Atlanta, are black and on low incomes, said Ms Flocks.
"There probably wasn't a lot of empathy among the jurors. [At trial] they asked people had anyone used public transport in metro Atlanta," she said. "Nobody raised their hand."
I don't care that it was an all white jury... surely if you're going to argue the jury took race / class into the equation that an all-black jury would have done the same, with the opposite result?Raquel Nelson had faced up to three years in prison - longer than the driver responsible for her child's death who served only six months behind bars.
However, the 30-year-old received a 12-months probationary sentence after the case caused public uproar in America.
Ms Nelson's son was killed in April last year when he was knocked down by a van after slipping from his mother's grasp as they crossed the road to get from a bus stop to their apartment building in the city of Marietta , north of Atlanta.
The distraught mum was also injured in the incident along with her young daughter.
Ms Nelson was subsequently prosecuted under the offence of jaywalking, which dictates that it is illegal to cross the road anywhere other than at a designated crossing point.
She was convicted by the all-white jury of second-degree vehicular homicide and other offences.
Her lawyer, David Savoy, said the driver was drinking and had taken painkillers on the night of the accident and was mostly blind in one eye.
He also had a prior conviction for a hit-and-run accident.
"For vehicular homicide in the second degree you don't have to be driving a vehicle," Mr Savoy explained.
"It requires that you caused the death of another. She 'caused' the death of another. How tragic is that?"
Judge Kathryn Tanksley, who also ordered the defendant to perform 40 hours of community service and pay a $50 (£30) fine, invoked a little-used Georgia state law to offer her a new trial at the end of a hearing in which character witnesses and spectators wept.
Ms Nelson's lawyer and other character witnesses described her as an exemplary mother shattered by the accident for which she blamed herself.
She thanked the court but refused to say whether she would accept the offer of a new trial.
Some critics said the judge should not have handed out a sentence in a case that should never have been prosecuted.
Sally Flocks of the group Pedestrians Educating Drivers on Safety said the case exposed a lack of consideration for pedestrians in a state with a car-centric culture.
Most users of buses in Marietta, a largely white and conservative community north of Atlanta, are black and on low incomes, said Ms Flocks.
"There probably wasn't a lot of empathy among the jurors. [At trial] they asked people had anyone used public transport in metro Atlanta," she said. "Nobody raised their hand."
Plus, Sally Flocks can be added to the list of people I'd like to punch in the face.
The chap doesn't exactly sound like the best of drivers though. Another hit & run, drinking, painkillers (obv depends what type as to how the drink would react) etc
Anyway, POS article. End rant.
Edited by Miocene on Wednesday 27th July 16:13
Eric Mc said:
Jay walking is a very serious offence in the US.
It is and rightly so. I believe that it should be considered over here as well if we want to try to increase road safety.As emotive as the case sounds, and i do honestly feel really sorry for the mother and suspect that she will never forgive herself, I just can't bring myself to add to the cries of how evil the state and the judge are...
The fact that the judge effectively gave her a non-sentence will suffice and the point has been made.
I'm still wondering how the driver got away so lightly though. Fair enough if sober, able bodied, stopped at the scene he shouldn't even have had to go to court but considering all the things he did wrong 6 months is a bit hard to work out.
Rude-boy said:
It is and rightly so. I believe that it should be considered over here as well if we want to try to increase road safety.
Roads in this country (well, about 80%+ of them) pre-date the motor vehicle by hundreds (in some cases thousands) of years. I'm an avowed petrolhead, but I think that our rules, that give priority to the most vulnerable road-users, are just fine.
TTwiggy said:
Roads in this country (well, about 80%+ of them) pre-date the motor vehicle by hundreds (in some cases thousands) of years.
I'm an avowed petrolhead, but I think that our rules, that give priority to the most vulnerable road-users, are just fine.
A good and well considered repost.I'm an avowed petrolhead, but I think that our rules, that give priority to the most vulnerable road-users, are just fine.
I note what you say and have to agree with it to a large extent. What purpose on earth would such a restriction serve on many of our roads? None.
Yet inside the limits of our cities there are incidents time and again where people have been injured crossing roads 100m or less from the nearest ‘official’ crossing point due to being bone bloody idle.
In the towns and city centres there should be greater control.
Rude-boy said:
TTwiggy said:
Roads in this country (well, about 80%+ of them) pre-date the motor vehicle by hundreds (in some cases thousands) of years.
I'm an avowed petrolhead, but I think that our rules, that give priority to the most vulnerable road-users, are just fine.
A good and well considered repost.I'm an avowed petrolhead, but I think that our rules, that give priority to the most vulnerable road-users, are just fine.
I note what you say and have to agree with it to a large extent. What purpose on earth would such a restriction serve on many of our roads? None.
Yet inside the limits of our cities there are incidents time and again where people have been injured crossing roads 100m or less from the nearest ‘official’ crossing point due to being bone bloody idle.
In the towns and city centres there should be greater control.
I don't think there's really an answer. When I was a kid, there was the Green Cross Code, and I think it worked. Education is the only way - but it needs to be a two-way thing. Many motorists never open the highway code after they've passed their tests, and there may be bits they don't remember or never read. Cars should give way to pedestrians who are already crossing a minor road that the car has entered for instance - yet I've been shouted at and almost mown-down outside my office several times in just that scenario.
Rude-boy said:
I'm still wondering how the driver got away so lightly though. Fair enough if sober, able bodied, stopped at the scene he shouldn't even have had to go to court but considering all the things he did wrong 6 months is a bit hard to work out.
maybe the kid just sprinted in front of the van not giving time for the driver to react?Rude-boy said:
It is and rightly so. I believe that it should be considered over here as well if we want to try to increase road safety.
As emotive as the case sounds, and i do honestly feel really sorry for the mother and suspect that she will never forgive herself, I just can't bring myself to add to the cries of how evil the state and the judge are...
The fact that the judge effectively gave her a non-sentence will suffice and the point has been made.
I'm still wondering how the driver got away so lightly though. Fair enough if sober, able bodied, stopped at the scene he shouldn't even have had to go to court but considering all the things he did wrong 6 months is a bit hard to work out.
most motoring offences carry very low sentences and are not treated seriously enough - imho. One minute on google threw up this lot and more...As emotive as the case sounds, and i do honestly feel really sorry for the mother and suspect that she will never forgive herself, I just can't bring myself to add to the cries of how evil the state and the judge are...
The fact that the judge effectively gave her a non-sentence will suffice and the point has been made.
I'm still wondering how the driver got away so lightly though. Fair enough if sober, able bodied, stopped at the scene he shouldn't even have had to go to court but considering all the things he did wrong 6 months is a bit hard to work out.
http://www.kentonline.co.uk/kentonline/news/2011-1...
A woman whose driving caused the death of a trucker has been spared a jail sentence, despite a judge saying she had shown no remorse.
Pregnant Nicola Pond was told her lack of willingness to face up to her responsibility for the death of Alan Witte was “deeply disturbing”.
The 21-year-old nursery worker was sentenced to 12 months imprisonment suspended for 12 months, ordered to complete 200 hours unpaid work and banned from driving for three years.
...
http://www.bbc.co.uk/news/uk-england-devon-1401984...
A Devon teenager whose girlfriend died when he lost control of the car they were in has been given a 10-month suspended sentence.
....
http://www.thisiscornwall.co.uk/Cornwall-crash-vic...
Two grief-stricken families have joined forces in a bid to get justice for their loved ones, who died in separate crashes in Cornwall.
Couch, of Rosehill, St Blazey, pleaded guilty to causing death by careless driving earlier this month and was sentenced to an 18-month community order with 180 hours of unpaid work and given an 18-month driving ban with £500 court costs at Truro Crown Court.
Lorry driver Michael Patrick Griffin, of Martins close, Hatherleigh, Devon was ordered to pay £1,000 in costs, received a 12-month community order with 160 hours unpaid work and a one-year driving ban at Truro Crown Court after admitting causing the death of Mr Molyneaux.
....
http://www.thisiscroydontoday.co.uk/Speeding-drive...
THE speeding driver who admitted killing teenager Lillian Groves has been jailed for eight months.
John Page, of Underwood, Fieldway, had pleaded guilty to causing death by careless driving.
He had also admitted driving without insurance when he hit the 14-year-old outside her home in Headley Drive, New Addington, last year.
At Croydon Crown Court today Page, 35, was sentenced to eight months for causing death by careless driving and disqualified from driving for two years.
And for driving without insurance he was sentenced to six months, with this sentence to run concurrently.
.....
http://www.thecourier.co.uk/News/Fife/article/1534...
The mother of one of two workmen struck by a car while they painted lines on a road has described as "pathetic" the sentence handed down to the driver.
Leslie teenager Jordan Caird was sentenced to be detained for just over 13 months after previously admitting various charges, including dangerous driving, drink-driving and failing to stop after an accident, relating to the incident on the A92 close to Melville Lodges Roundabout on July 16 last year.
....
http://www.harrowobserver.co.uk/west-london-news/l...
THE family of a "beautiful, charismatic, talented 18-year-old" have spoken of their ordeal, after the teenage Pinner driver who killed him was sentenced.
Jack Guinchard, 19, of Cuckoo Hill Drive was given 200 hours' unpaid work and disqualified from driving for two years after he admitted causing the death of James Whybrow, of Lyndhurst Avenue in Northwood Hills.
.....
http://www.theadvertiserseries.co.uk/news/9143726....
AN experienced motorist’s “momentary misjudgement” left two motorcyclists seriously injured.
Recorder David Hatton said it caused catastrophic consequences, but he did not think he would be doing a public service by jailing Smith.
He imposed a five-month prison sentence, suspended for two years, and ordered Smith to perform 250 hours of unpaid work. Smith was given a fourmonth electronically monitored 9pm to 6am home curfew.
...
etc etc etc
rover 623gsi said:
most motoring offences carry very low sentences and are not treated seriously enough - imho. One minute on google threw up this lot and more...
Not 100% sure that you are taking my point in context here though.I was questioning the 'low' 6 months for a hit and run driver who was over the limit and speeding (iirc without reading the article again) and killed a child whilst injuring the mother and another child.
Out of the links you have chosen I have skim read most and note that at least 6 of them have no mention of drink or drugs. Only a few even mention the possibility of inappropriate speed being provable.
Accidents happen. The child who ran out in front of the one driver, who may or may not have been under the influence, could have run out in front of you and I would wager that you probably stood as much chance of stopping due to the dulling of your reaction times with age.
Please do not try to make this into a 'anyone who does 31 in a 30 is a child killer' thread as I have seen you do in SP&L. This is about a woman who's decision to save 2 minutes of her day lost her child their life.
That the child was hit was unfortunate. That the driver didn't stop, and was DUI, is inexcusable.
Rude-boy said:
Please do not try to make this into a 'anyone who does 31 in a 30 is a child killer' thread as I have seen you do in SP&L.
I don't recall doing that. I have three points on my license for speeding so I'm not trying to get all holier than thou - however motor vehicles are potential lethal weapons and are not always treated with the respect they deserve and the courts too often seem happy to take into account that drivers 'didn't mean to injure/kill someone as a convenient excuse for lenient sentencing.Sky News said:
She was convicted by the all-white jury of second-degree vehicular homicide and other offences.[/b]
Most users of buses in Marietta, a largely white and conservative community north of Atlanta, are black and on low incomes, said Ms Flocks.
"There probably wasn't a lot of empathy among the jurors. [At trial] they asked people had anyone used public transport in metro Atlanta," she said. "Nobody raised their hand."
I've used MARTA a couple of times. My friend and I were the only white people on the entire train. Can't say I'm surprised no-one raised their hand.Most users of buses in Marietta, a largely white and conservative community north of Atlanta, are black and on low incomes, said Ms Flocks.
"There probably wasn't a lot of empathy among the jurors. [At trial] they asked people had anyone used public transport in metro Atlanta," she said. "Nobody raised their hand."
I wonder if her lawyer used his peremptory dismisals to get an all white jury as one excuse for a later retrial?
rover 623gsi said:
I don't recall doing that. I have three points on my license for speeding so I'm not trying to get all holier than thou - however motor vehicles are potential lethal weapons and are not always treated with the respect they deserve and the courts too often seem happy to take into account that drivers 'didn't mean to injure/kill someone as a convenient excuse for lenient sentencing.
Um, it is quite a good reason for "lenient" sentencing. Consider this:You are at the top of a skyscraper taking a photo. You drop your camera by accident and it falls to the street below, hitting and killing a pedestrian. Is that murder?
Jasandjules said:
I must confess I can't see how punishing the mother will be rational here, I don't think anyone can punish her more than she will punish herself for the death of her child.
My word I'm getting left wing in my old age, what is going wrong with me....
It's a very minor sentence for 2nd degree vehicular homicide I believe. The judge could see that there was little point in a big punishment, but then the guilty verdict sends a very clear message to parents to think before they rush out into the road. My word I'm getting left wing in my old age, what is going wrong with me....
Gaz. said:
Surely a parent will think when crossing the road with their kids "is this safe?" rather than "what if I get caught?"
Many seem oblivious to the dangers that cars present and value convenience over self-preservation. It's not even necessarily about using a designated crossing point. Every day I see people entrusting their lives, and that of their children, to unknown people who (the case above proves) may well be completely unfit to maintain control of the car.
Gassing Station | News, Politics & Economics | Top of Page | What's New | My Stuff