Raquel Nelson, 30, was sentenced Tuesday morning in Cobb County court for her July 12 conviction for second-degree vehicular homicide, reckless conduct and failure to use a crosswalk, The Atlanta Journal-Constitution reported. The judge also gave Nelson the option of having another trial.
Nelson was crossing the four-lane street with her three children on the night of April 10, 2010, when a van hit and killed her son, A.J., WXIA-TV reported.
Jerry Guy, the van driver, fled the scene and was later turned in by an acquaintance. He pleaded guilty in court and served six months of a five-year sentence, the remainder of which will be served on probation.
Guy had previously been convicted of similar charges.
"Even though he has had a history of it, nobody gets up that day and says, 'I'm going to kill a 4-year-old,'" Nelson said in an interview. "However, to come after me so much harder than they did him is a slap in the face."
David Savoy, Nelson's attorney, said he would discuss the situation with his client, but that she "wants to proceed" with the new trial.