MARIETTA, Ga., Oct. 18 (UPI) -- A Georgia woman whose 4-year-old son was struck and killed while crossing a street with her will have to stand trial a second time, a judge has ruled.
Raquel Nelson was found guilty in July of second-degree vehicular homicide, jaywalking and reckless conduct in connection with the death of her son, A.J., The Marietta (Ga.) Daily Journal reported Tuesday.
Nelson was attempting to cross a road near her apartment in Marietta with her three children in tow on April 10, 2010 when A.J. was struck and killed by a hit-and-run driver.
At the time of her conviction, Nelson was offered a new trial in lieu of a sentence of a year's probation and 40 hours of community service.
On Monday, Cobb County State Court Judge Kathryn Tanksley refused a defense motion to dismiss all the charges against her and instead ordered her to stand trial again on second-degree vehicular homicide and jaywalking charges.
The judge dismissed the third charge of reckless conduct.