Mom faces jail after son, 4, died jaywalking with her

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   >>> a story of the georgia mother who could face up to three years behind bars after someone else killed her 4-year-old son in a hit and run accident. in part, because she was involved with jay walking . we talk to her exclusively in a moment, but first, we have her story.

   >> reporter: the roadside memorial for little a.j. nelson is gone. no trace of the horrific hit and run that killed the 4-year-old boy and injured his mother. but neighbors remember it vividly.

   >> itself just a real horrible situation. i'm just hope that she will pull through it and make the best out of it.

   >> reporter: it was spring, last year. ry quell nelson and her three children just stepped off this bus in marietta, georgia, there was no crosswalk but the family moved ahead trying to make it across four lanes to make it home until a van rolled towards them, striking them in the street. witnesses say they didn't have a chance.

   >> a tan suv or a van turned on his light bright lights and just sped up the street. and he hit the little boy and the little boy flew up in the air.

   >> reporter: a.j. died. his mother and sister suffered minor injuries. the only child unharmed was a.j.'s 6-year-old sister. the driver never stopped to help but authorities eventually caught this man, his lawyers said at the time guy admitted to drinking alcohol earlier that day and was on pain medication and partially blind in one eye. jerry guy pleaded guilty to one charge of hit and run , served six months in prison and released last year. he's now on probation. this isn't the first offense for him. he's had two prior convictions for hit and run . a.j.'s hom was also convicted. she now faces a possible sentence of three years in prison for second degree vehicular homicide , reckless conduct, failure to use a crosswalk. something that doesn't settle well with some local parents.

   >> it is her fault and it is his fault, but at the same time she suffered such a great loss so i just don't see what putting her in prison is going to do.

   >> reporter: one legal expert says in cases like these, fairness sometimes takes a backseat to the law.

   >> ms. nelson was shown no sympathy whatsoever by the system. this will live with her forever.

   >> reporter: what took place here took only a matter of seconds, but for one family, the horror will last much longer.

   >> raquel nelson is with us along with her aunt loretta wilson. good morning. raquel , do you want to tell people, why didn't you use the crosswalk?

   >> well, let me explain here. you can see it's a busy street. the crosswalk, i think they determined it was .3 of a mile and even then coming home you had to cross another side street which is very dark in itself in order to get home. i was trying to hurry up and get home. so we wouldn't have to be in the dark.

   >> and now, with this situation being as it is, your reaction to the driver getting six months, serving six months, and now being on probation.

   >> i've had, like i said, to accept that he's gotten six months. there's nothing i can do about it. and even though he has had a history of it, i know nobody gets up that day and says i'm going to kill a 4-year-old. so i've had to forgive that portion of it. however, i think to come after me so much harder than they did him, i say it's a slap in the face . this will never end for me.

   >> you face three years?

   >> i could.

   >> and what would that mean to you to face three years?

   >> it's three years away from the two that i have left, and the part of him that stays alive with me to a degree, other than remembering him. so that's the worse part for me, is separation from the other two.

   >> do you feel that the jury treated you fairly?

   >> i don't think they could relate to what i was going through. i think that there was a lot of evidence that wasn't -- i can't say allowed to be presented but it all went very fast and many of the jurors -- actually all of the jurors, they've all said they've never ridden public transportation and they've never really been in my shoes. so i think there was maybe not a jury of peers, if that's what the statement is.

   >> when you say in your shoes, what do you mean by being in your shoes?

   >> well, as i said, they all mentioned they never had to ride public transportation or walk down a busy street. i'm sure they've had children, but most of them probably weren't single mothers , either.

   >> you are hoping that the judge here is what you call a hero.

   >> yes.

   >> why?

   >> because i understand that she had to do her job. she can only judge the evidence and things that are brought before her. we are just hoping as a family that she is compassionate and let me niece remain with her other children, because she needs to be with her other children. she hasn't really had a chance to grieve yet. and i believe she needs to be able to continue with her life with my other nieces.

   >> this accident happened more than a year ago. you've not had a chance to grieve?

   >> in my own ways. it's been harder, you know, because of the situation because it made me have to hold up just behind all the pressure of knowing that i possibly could not be with my other two children.

   >> do you relive that moment constantly or are you able to put it behind you the moment you crossed the street?

   >> you know, you're always going to relive it. you're always going to replay the moment. i guess it's hard to explain if you've never been through something like that, but you're always going to relive it. it may not be every second. then you're going to have to find times where you cannot let it dictate what's going on as far as at work it kind of takes my mind off of it and i've kind of had to push it away.

   >> is there anything you want to say about your 4-year-old boy?

   >> other than the fact that i miss him a whole lot and i think my other two daughters are -- they've been able to survive the situation has given me something to move on for. i don't think i could have without my other two.

   >> raquel , thank you for talking to us. thank you, loretta,

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