Subject A, a 30-year-old mother of 3, attempts to cross a road with her children. She, along with two of her children, are struck by a repeat hit-and-run offender who had been drinking, using prescription painkillers, and was blind in one eye. Her four-year-old is killed.
Subject B, a 26-year-old man, comes home after a night of drinking, grabs his Glock, and fires off a couple shots inside his condo building.
Who belongs in jail? Easy answer, right?
A Marietta mother may serve more time than the driver who hit and killed her 4-year-old son.
Raquel Nelson, 30, could be sentenced to up to 36 months at a hearing July 26, said David Savoy, her attorney. She was convicted Tuesday of homicide by vehicle in the second degree, crossing roadway elsewhere than at crosswalk and reckless conduct, said Savoy.
Jerry L. Guy, the driver who admitted hitting the child when pleading guilty to hit-and-run, served a 6-month sentence. He was released Oct. 29, 2010, and will serve the remainder of a 5-year sentence on probation, according to Cobb court records.
Nelson was attempting to cross at the intersection of Austell Road and Austell Circle with her three children when her son was struck by a car, said Savoy. The child later died from his injuries. Nelson and her younger daughter suffered minor injuries and her older daughter was not injured.
Manuel A. Guarch, 26, will not be arrested for improperly shooting his Glock pistol, but facing possible termination, he resigned. His girlfriend, Miami-Dade Assistant State Attorney Heather Griffin, was demoted for her involvement in the episode.
“Mr. Guarch admitted that he discharged the firearm, however, he used care directing the shots to the corner of the garage away from any vehicles or persons or specific location with intent to harm,” Miami Officer Oscar Fernandez wrote in his report.
After consulting with Broward prosecutor Anita White, police officers concluded that circumstances “did not warrant an arrest” on a misdemeanor charge of illegally discharging a firearm in public.
Man, that Casey Anthony verdict sure did show how messed up our justice system is.
UPDATE: Over at Huffington Post, Radley Balko chimes in with some additional details.
Over the next month, as Guy was processed by Georgia's criminal justice system, Nelson buried and grieved for her son. But on May 14, the Atlanta Journal-Constitution ran a long story under the headline, "Jaywalkers take deadly risks." The article mentioned Nelson and her son, pointing out that she hadn't been charged with any crime. Three days later, the Georgia Solicitor General's office charged Nelson with the three misdemeanors.