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Despite the national outrage over the Raquel Nelson case, officials in metro Atlanta continue to treat pedestrians like criminals.

Simply crossing the street can, and often does, land Atlanta area pedestrians a citation. Photo: Creative Loafing

Last Wednesday, a 35-year-old woman was hospitalized after being struck by a vehicle while attempting to cross a road in northwest Atlanta. A local Fox affiliate reports that the woman suffered injuries and is in “stable” condition. But police have already decided she, not the driver, was at fault. The victim is being charged with ”pedestrian in the roadway,” a legal term for “jaywalking.”

Sally Flocks, director of Atlanta’s pedestrian advocacy organization, PEDS, says it is not unusual for police officers in the region to cite and fault pedestrians involved in collisions, even as they’re lying in hospital beds.

“For the cops, I think it gives them closure” to fault one of the parties, she said. “They could cite the driver for failing to show due care. They tend not to do that.”

Part of the problem is that Georgia has one of the most draconian pedestrian laws in the country. Last year, the Georgia legislature passed a law that made it illegal for pedestrians and runners to use the roadway if there are sidewalks on the road.

“It’s being interpreted by police officers to make it illegal to cross the street,” Flocks said.

The sad fact is that many of Atlanta’s sidewalks are in terrible condition; the city had to pay $4 million in injury settlements last year as a result. Meanwhile, in the suburbs, pedestrians get cited for crossing the street outside of a marked or unmarked crosswalk. But “jaywalking” laws aren’t really designed to be applied outside of downtown areas, Flocks said.

PEDS documented at least one case earlier this year where police misinterpreted the law and wrongly charged a pedestrian. The organization has since begun a campaign to properly inform police officers and judges that every intersection is a crosswalk, even if it’s not marked. Under Georgia law, pedestrians are only required to be inside a crosswalk if they are between two signalized intersections, Flocks said.

Even worse, despite discrimination claims around the Raquel Nelson case, local pedestrian advocates have reason to believe the law is being applied unevenly. Flocks said the citations tend to be concentrated in low-income and Hispanic neighborhoods. Streetsblog has submitted a public records request with the Atlanta Police Department inquiring about the races of those cited for “pedestrian in a roadway.” We will report those results when we receive them.

Atlanta was named the 11th most dangerous metro for walking last year by Transportation for America.

The impaired hit-and-run driver who struck and killed her son on a metro Atlanta road in 2010 has been released from prison by now, but Raquel Nelson is still being prosecuted for her purported role in the tragedy.

The Georgia Court of Appeals upheld the homicide conviction of Raquel Nelson, whose four-year-old son was killed by an impaired driver in 2010. Photo: MyFox8

The single mother of three was injured trying to prevent the collision that killed four-year-old A.J. Newman. That didn’t stop an all white jury from convicting the African-American woman of vehicular homicide last year. Prosecutors brought charges on the grounds that Nelson and her children were not in a crosswalk, though the suburban arterial that separated her apartment complex from a bus stop had no crossing nearby.

Nelson faced three years, while driver Jerry Guy, who has glaucoma and admitted to drinking and taking pain killers before the crash, was sentenced to just six months. After the trial attracted national media attention, a Cobb County judge offered Nelson a reduced sentence of one-year probation or a retrial.

Wanting to clear her name, Nelson chose a retrial. She has since teamed up with high-profile Atlanta defense lawyer Steve Sadow, who took on the case pro bono. Sadow asked an appellate court to throw out the conviction for lack of evidence. But late last month the Georgia Court of Appeals upheld the decision, according to legal website Law.com. “[We] conclude that the evidence presented at trial was sufficient to support the jury’s guilty verdict,” wrote Judges Charles B. Mikell, M. Yvette Miller and William M. Ray II.

The court cited a state law which “says that any person who causes the death of another, without an intention to do so, by violating traffic laws commits the offense of homicide by vehicle in the second degree,” according to Law.com. Sadow argued that the driver of the vehicle, not Nelson, caused A.J.’s death.

“While we have the greatest sympathy for [Nelson's] plight, this court must interpret the law and apply it with an even hand; the appellate process affords us no latitude to make adjustments for the ill-earned good fortune of the lucky, or as in this case, the heart-rending misfortune of the unlucky,” the judges said.

Cobb County Solicitor General Barry Morgan has said he will continue to prosecute Nelson. In a brief filed with the Court of Appeals, Morgan wrote: ”When a pedestrian chooses to cross a divided highway … outside the protection of a crosswalk, she risks her own safety [as] well as the safety of those with her.”

According to the Atlanta Journal-Constitution, the case will likely end up before the Georgia Supreme Court.

Raquel Nelson, the Georgia woman who faced vehicular homicide charges last year when her four-year-old son was killed by a hit-and-run driver, is back in court this week, appealing the results of her trial.

In a case that sparked a national discussion on transportation equity, Georgia pedestrian Raquel Nelson was charged last year with vehicular homicide in the hit-and-run death of her four-year-old son. She was back in court today appealing the verdict handed down by a Cobb County judge in October. Photo: Atlanta Journal-Constitution

Nelson is asking a Georgia appeals court to dismiss charges of vehicular manslaughter and jaywalking rather than proceed with the retrial granted by a Cobb County judge in October. She is being represented on a pro-bono basis by high-profile Atlanta-based attorney Steve Sadow, whose former clients include rapper T.I. and Howard K. Stern, boyfriend of Anna Nicole Smith. Sadow agreed to take the case after learning of it through the media, saying, “I believe that her prosecution was an injustice.”

It seems even the prosecutors may agree with him. They declined to make an argument at the hearing Tuesday, a surprising move that may indicate that they’re not all that interested anymore in trying to put Nelson in prison. At the end of Nelson’s trial last summer, the judge made a similarly unusual move in offering a new trial before Nelson’s lawyer even had to ask. Experts speculated that she may have had regrets about the way she’d conducted the trial that may have led to the harsh verdict.

The case attracted national attention last summer for what was widely viewed as overzealous prosecution. The mother of three — who was also injured trying to prevent the collision that killed her son — faced three years in prison. Prosecutors based the charges against Nelson on the premise that she was partly responsible for the death because she was jaywalking. Meanwhile, driver Jerry Guy was sentenced to just six months in prison despite two prior hit-and-run convictions and his admission that he was drinking and under the influence of prescription drugs the day of the crash.

The case also focused attention on the perilous conditions for pedestrians in suburban Atlanta. The street Nelson was attempting to cross is a five-lane high-speed arterial. The closest crosswalk was a half-mile in either direction, which many argued was an unreasonable distance to expect pedestrians to travel to cross a road.

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On our walk down the memory lane of 2011 so far, we’ve talked about some downers, some inspirations, some triumphs, and some struggles. Check out our first two installments of year-end Streetsie award nostalgia. Here’s some more.

Best Obama Plan That Died a Slow and Horrible Death This Year: How to choose, when there were so many? The president laid out a big, bold, ambitious transportation plan for the next six years but then stayed mum on the all-important question of how to fund it, and so, predictably, it died. His American Jobs Act included $50 billion for infrastructure projects, including at least $13 billion for rail and transit. It, too, went nowhere fast.

Obama's high-speed rail plans took a fast train to nowhere. Photo: America 2050

That wasn’t Obama’s fault, but if you’re looking for a reason to be angry at him, look no further than the ozone pollution rules the EPA was going to strengthen. The president froze at the last minute and decided to hold off another couple years, to give the economy a chance to recover (or business interests a chance to vote for him). The new ozone standard would have saved an estimated 12,000 lives and made transportation reforms essential.

But who could blame the 47 percent of you who awarded the Streetsie for saddest death of an Obama program to high-speed rail? Congress takes every opportunity to yank money away from the program, three Republican governors have very publicly thumbed their noses at federal funds, and the only true high-speed rail line with the potential to be truly transformative is in deep doo-doo in California. So much for 80 percent access in 25 years.

Non-Presidential Vices: Yes, we had our share of letdowns from President Obama this year. But not all our disappointments were related to him. We were also bummed to see plans scrapped for the Woodward Light Rail line in Detroit, and the failure of the Seattle car tab fee, which would have gone to transit, bike/ped and road maintenance. And certainly we were disappointed that the Senate transportation bill, in the end, didn’t keep dedicated funding for bike/ped. But the Streetsie for the biggest letdown has to go to the bait-and-switch the House Republicans pulled about funding their transportation plan.

It was simple enough when they were threatening to cut spending by a third so as not to overspend Highway Trust Fund receipts. Just about everyone hated the idea. But then the GOP said they’d match current levels and it seemed the best of both worlds – reasonable spending levels and a longer-term bill than the Senate was offering.

Hallelujah! So what’s the catch?

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The first shocking thing about Raquel Nelson’s conviction for vehicular homicide was simply that it happened at all. After all, the mother of three wasn’t even driving a car — she was crossing a wide street with poor pedestrian infrastructure when her four-year-old son was killed by a hit-and-run driver.

Image: The Today Show

The second shocking thing about the case was that it captured so much media attention. Sure, Streetsblog was going to cover it. But the Today Show? Fox News?

As encouraging as it was to see so much mainstream broadcast media focused on Nelson’s case — and all in a sympathetic light — little of that coverage got to the root of the problem: dangerous street design in auto-centric communities.

So we’re glad to see the Washington Post remedying that situation by printing an op-ed by David Goldberg, communications director at Transportation for America. In his piece yesterday, Goldberg said:

Nelson was found guilty of killing her son by crossing the road in the “wrong” place. But what about the highway designers, traffic engineers, transit planners and land-use regulators who placed a bus stop across from apartments but made no provision whatsoever for a safe crossing? Those who ignored the fact that pedestrians always take the shortest possible route but somehow expected them to walk six-tenths of a mile out of their way to cross the street? Those who designed this road — which they allowed to be flanked by apartments and houses — for speeds of 50 mph and more? And those who designed the entire landscape to be hostile to people trying to get to work or carrying groceries despite having no access to a car? Are they not culpable?

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UPDATE 7/27: Raquel Nelson has, in fact, chosen the option of a new trial.

The last thing the jury heard from Raquel Nelson’s defense lawyer, before they convicted her, was the tape of her frantic 911 call after her son, A.J., was hit by a car. “1-2-3-4-5-6, doing chest compressions on her son, screaming,” recalls attorney David Savoy. “There was not a dry eye in that court room.”

The jury then decided to convict her of vehicular homicide, jaywalking, and reckless conduct.

A.J. Nelson, age 4, was killed while crossing the street between a bus stop and his home with his mother and two sisters.

The jury, as has often been noted, was all white and not transit-dependent. Indeed, Savoy said, the entire pool of 15 jurors they had to choose from was white. And Cobb County jurors are selected for service based on drivers license information.

While certainly many car-free people have drivers licenses – Raquel Nelson included – it’s a symbol, at least, of the auto-centrism of the entire process that convicted Ms. Nelson.

At sentencing, Judge Kathryn Tanksley handed down a relatively light sentence – involving no jail time, at least – but also granted a motion for a new trial before the defense even made a motion asking for a new trial. “We had motion for a new trial ready to file,” Savoy said. “I didn’t even need to pull it out of my briefcase.”

“It’s one of the most shocking things I’ve ever been involved with,” Savoy said. “A judge, on her own motion, granting a new trial.”

He wouldn’t speculate as to why the judge was moved to do so. But he did mention that the jury had made its decision based on the evidence that the judge allowed, indicating that there was other defense evidence that the judge did not allow. Perhaps she regretted that decision, disagreed with the jury’s harsh verdict, and thought a new trial would wipe the slate clean.

Despite the trauma that the case has caused Nelson and her family, Savoy is “pretty certain” she’ll take the option of a new trial. “Three misdemeanors, for crossing the street,” Savoy said. “That doesn’t sit right with her, or with me.”

Given the avalanche of negative attention the case has brought upon the Cobb County court system, the county may decide not to re-try the case at all. Indeed, although judges are supposed to be immune to public opinion, Judge Tanksley must have been aware of the packed courtroom, full of reporters, that greeted her on the day of sentencing. Even if she hadn’t watched the broadcast coverage, seen the petitions, or read the blogs about the case, she must have known the case was attracting major national attention.

“I’ve never understood the power of the blogosphere,” Savoy told me, “and now, I’m humbled.”

Raquel Nelson, the Georgia mother who was convicted of vehicular homicide after a motorist killed her 4-year-old son as she crossed the street with him, was given the option of seeking a new trial at her sentencing today, the Atlanta Journal Constitution is reporting.

Nelson told the Today Show that the jurors who convicted her of vehicular homicide didn't understand what it is like to depend on public transportation. Photo: Atlanta Journal Constitution

Nelson was sentenced to two terms of 12 months probation, to be served concurrently, as well as community service. But Cobb County Judge Katherine Tanksley said the 30-year-old Nelson, who has two other children, could also seek a new trial instead of accepting the sentence.

Her attorney, David Savoy, told the AJC that her initial inclination is to seek a new trial.

An all-white jury convicted Nelson earlier this month on charges of vehicular homicide, jaywalking and reckless conduct, after a driver killed her son while they attempted to cross the street between a bus stop and their home in Marietta. She faced up to three years in prison.

The boy’s killer, Jerry L. Guy, was sentenced to only six months. Guy, who fled the scene, had two prior hit-and-runs on his record and admitted to having been drinking and using pain killers earlier in the day.

The case sparked a national outcry, with more than 135,000 people signing an online petition asking for leniency for Nelson, according to CNN.

David Goldberg of Transportation for America spoke to us as the story was unfolding.

“Our position is going to be that she certainly should appeal and it should be overturned,” he said. “She should never have been charged. A person with no vehicle should never be charged with vehicular homicide.”

Goldberg said this case should inspire some thought on the part of local transportation and law enforcement officials.

“This is emblematic of bigger problem that exists in metro Atlanta and across the country,” he said. “A case like this puts in stark relief the dangerous designs that exist out there in communities across the country.”

We will be posting updates as the story unfolds.

We’ve written quite a bit about Raquel Nelson over the past week or so, but now, we’ll let her speak for herself. The Today Show devoted an eight-minute segment to her case this morning, including an interview with Raquel.

Nelson’s lawyer, David Savoy, also contacted me this morning to respond to my inquiries about how people can help. (He wouldn’t answer questions about the case itself until sentencing is over.)

Savoy says that while the petitions that are circulating are an important show of support, what really counts are letters to the judge from residents of Cobb County, Georgia — the judge’s own constituents. He emphasized that people should not contact the judge directly, but if Cobb County residents want to email me at tips@dc.streetsblog.org today, I will send the emails on to Savoy and he will present them by hand to the judge. Time is of the essence, because sentencing is tomorrow at 10:30 a.m. This is your chance to respectfully ask the judge for leniency. And remember, she’s not the one who convicted Nelson in the first place — a jury did that. Please include your address on the letter.

Nelson’s aunt, who appears next to her on the Today Show, is setting up a legal defense fund. Many readers expressed interest in contributing to such a fund. I spoke to Nelson’s aunt myself, in between their appearances on the Today Show and MSNBC. She thanks people for their generosity and says they can send contributions to Chase Bank, 1050 E Piedmont Rd, Suite Y, Marietta, Georgia 30062. You can make the check out to Raquel Nelson Legal Defense Fund.