raquel nelson faced up to three years in jail. in sentencing yesterday the judge gave her a choice, a new trial or 12 months probation. raquel nelson joins me again. now along with her aunt. we talked about this a couple days ago the threat of you going to jail for longer than the driver who actually hit and killed your son. so raquel, it had to be a relief to be given this choice. >> yes, it definitely was. like a clean slate. you either do over or take it. >> have you made a decision? >> not quite yet. i have 30 days. and i took the rest of the week off from work to regroup and try to get some kind of rest from the interviews and everything until we figure this out. >> i know that there was a lot of shock at the jury's conviction that the decision came back and it was not in your favor. here's what your attorney said. >> i was shocked. i was wondering if they had heard the same case that i had heard. i not familiar with this ever happening. the judge took it upon herself to basically grant my client a new trial. i was very pleas

. >> reporter: rob and tanya, in the eyes of the law, raquel nelson still is guilty of behavior thatled her son. now, she has a chance to clear her record error. and the judge says she has the right to request a new trial. raquel nelson said she was shocked to be here, convicted of killing her 4-year-old son, a.j., because she was jaywalking when someone else driving a car hit him. >> the sentence is entirely on probation. >> reporter: so, this was bittersweet relief. nelson got 12 months probation and 40 hours of community service. she could have received up to three years in prison after a jury found her guilty of vehicular homicide, reckle conduct, and crossing a street somewhere other than a crosswalk. >> i'm walking out of here. i don't think i could be any more satisfied than that. thank you. >> reporter: adding insult to the pain of her loss, jerry guy, the driver who admitted hitting a.j. and then speeding away, served only six months in jail. and he had two prior hit-and-run convictions on his record. in this case, nelson, her son and two daughters were coming home from a bi

earlier this month, raquel nelson was found guilty of vehicular homicide. son was killed when they were jaywalking last year. instead she's been sentenced to community service. >>> in an effort to save money the u.s. postal service may close thousands of post offices around the country. one of them could be the colonial post office founded by benjamin franklin in 1775, before there was even a united states. byron pitts reports. >> reporter: in madison township, ohio, folks have been losing jobs and local landmarks, symbols of the town's vibrancy. first it was kmart, then the gm plant and now the lincoln post office. bill hartnet has been a resident for 36 years. >> doggone it, this is one more thing that is being taken away. >> reporter: the postal service's response, "we had no other choice." the lincoln post office was one of nearly 26,000 nationwide. 80% of all post offices not turning a profit. today postmaster general patrick donahoe announced a new strategy an effort to partner with local businesses to offer postal service. >> the convenience is a key

raquel nelson was facing up to three years behind bars because she didn't use the crosswalk but the driverwho admitted to the hit and run, only served six months in jail. after a major public outcry, nelson was sentenced to probation and community service. >>> preparations for the nfl kick in today. rob likes this. 32 teams open training camps and players started returning to team facilities yesterday, a day after the new labor deal was announced. some were immediately informed they were being released to make room under the salary y p. free agents can sign with teams starting on friday. >>> and here's one we're not used to seeing. american swimmer michael phelps beaten at the ongoing world championships in china. phelps lost the 200-meter freestyle to his friend and fellow american ryan lochte and he'll try again today swimming in the finals of the 200-meter butterfly event. there he is there. >> see how it goes. >>> major league soccer holes its all-star game tonight, manchester united and last night's baseball highlights. >>> hey, there, i'm don bell with your espn news update. a wild g

so what fate will raquel nelson choose? guest on "fox & friends" in just one hour from now. and those are your headlines. >> all right, 9 minutes after the hour. have you heard this? a commentator on another network comparing tea partiers to druggies. >> anybody that thinks the tea party exists is smoking crack cocaine in america. >> up next, christine o'donnell weighs in on the tea party and the shot that was just thrown her direction along with a look back at her days in the national spotlight as she comes back to our national couch. >> that should be good. and he promised a prayer that no one would forget. the pastor who is taking a little heat from some after thanking god for his smoking hot wife lisa! >> ♪ wild thing [ male announcer ] where'd you get that idea? how'd you learn to do that? what'd you use? every project we finish comes with a story built-in. it's how our rough ideas become "you did that yourself?" so when we can save more on the projects that let us fix, make, and do more... that just makes the stories

a judge sentenced raquel nelson to 12 months probation and community service. was convicted of vehicular homicide and two other misdemeanors in the jaywalking accident that killed her son. that story got a lot of people's attentions because nelson initially faced up to 36 months in prison, a sentence six times longer than the time served by the driver who hit and killed her son. this accident happened last october. nelson and her three children that got off a bus at a stop across from their apartment building north of atlanta, when four-year-old a.j. broke away from her and started running across the street. a driver swerved around, hit and killed him. nelson and one of her daughters were slightly injured. she told nbc's "today" show the nearest crosswalk was .3 of a mile from the dross walk and she was trying to get home before dark. the driver took off. police did catch up with him. he was sentenced to five years in prison and served a mere six months. he is on the probation for the rest of his sentence. raquel nelson says she couldn't have gotten through the

raquel nelson could face up to three years for homicide by vehicle.g to cross a busy road when her 4-year-old was hit and killed. the driver spent just six months behind bars. we'll keep you posted. >>> two men charged in the beating of a giants fan are being accused of assaulting at least three other fans on opening day. detectives believe they were involved in other assaults, though no charges are filed. sanchez is also charged with misdemeanor battery for throwing something at a woman in the stands. >>> a fast-food clerk in colorado is recovers in a local hospital after being shot during a robbery. in the security camera video, you can see the men walk in and shoot the clerk in the arm. one of the suspects jump it is over the counter and make off with the register. police are still searching for the suspects. >>> major upgrades to airports across the country are on hold after a congressional stalemate forced a partial shutdown of the faa. of course it's all about money. nearly 4,000 federal workers are on furlough, and projects like new runway ligh

raquel nelson was charged and convicted in his death. as inhumane, saying nelson suffered enough already. >>> the judge in the casey anthony trial will not release the names of the jurors until october or even later. although he's required by law to identify jurors, the judge said a cooling-off period is needed due to the anger about this case. casey anthony was acquitted of murdering her daughter caylee three weeks ago. >>> family and friends gathered in london today for the funeral of singer amy winehouse. she was found dead over the weekend in her london apartment where the cause of death is still unknown. winehouse battled drug addiction for years. sanjay, a very sad waist of a lot of talent. >> yeah. i know there was some thought that maybe the cause of death would be released yesterday or today. do they have any idea when that's going to happen? >> according to metropolitan police in london, they're now saying that they might not -- they won't know and they won't know what killed or what could have killed amy winehouse for somethin

today raquel nelson got a break. cheers one up when the judge sentenced her to 12 months probation and 40 hours of community confess. nelson and her three children were not in a crosswalk when they were hit crossing a street. her 4-year-old a.j. died. the driver was caught and served six months. >>> the feud between tim pawlenty and michele bachmann. it continues to roll on as they each fight to get the win. in this war of words between them the right strategy? we'll take a look. protective. especially behind the wheel. nothing wrong with that. in fact, allstate gives them a bonus -- twice a year -- for being safe drivers. dollar for dollar, nobody protects you like allstate. doll i've tried it. but nothing's helped me beat my back pain. then i tried this. it's salonpas. this is the relief i've been looking for. salonpas has 2 powerful pain fighting ingredients that work for up to 12 hours. and my pharmacist told me it's the only otc pain patch approved for sale using the same rigorous clinical testing that's require

raquel nelson joins me now along with her aunt. good to see you both today. raquel, what happened that day. you're getting off the bus with your three kids. tell me what happened. >> we had gotten off the bus. we had crossed i'm sure a four lane, two lanes one way and two the next. we had crossed to the median. and my son went ahead and my she was 2 at the time. in my other hand i had some grocery bags on my wrist. we got to the center median we stood still. i wasç nervous about crossing the end of the day. i had never been out there with my kids before. and there was a couple of other people who had gotten off the bus with me and they started to cross. and next thing you know i let go of my hand and he darted out. and the other child ran out. all three of us were hit. he died as a result of his injuries. >> i understand that there are no crosswalks there where the bus let you off, is that correct? >> right. >> and neighbors had complained about that for years that there was no safe place for anybody to cross that street. is that correct? >> yes. >> what did

raquel nelson was convicted of jaywalking, and one-year probation.bars which is a longer sentence than the one given to the driver who killed her boy. yesterday we asked you if you thought that she deserved time behind bars and 7% of you said yes, and overwhelming 93% of you said no, she doesn't. well, that is going to do it for this tuesday edition of "newsnation," and thanks for your time. i'm thomas roberts and don't go anywhere because martin bashir is coming your way next. see if we can "stitch" together a better deal. that's a hint, antoine. ooh! see what anandra did? booking your flight and hotel at the same time gets you prices hotels and airlines won't let expedia show separately. book it. major wow factor! where you book matters. expedia. a living, breathing intelligence that's helping drive the future of business. in here, inventory can be taught to learn. ♪ machines have a voice. ♪ medical history follows you. it's the at&t network -- a network of possibilities... committed to delivering the most advanced mobile broadband experience to he

we talked to raquel nelson yesterday.ing time for vehicular homicide because she had jaywalked with her young son when he was hit and killed. now the judge has offered her a new trial. if she doesn't want one, she'll be sentenced to 12 months of probation. >>> a group of teens in alaska are describing the terrifying moment they came face-to-face with an angry grizzly. the bear came charging at them, mauled four of them more frightening was the seven hours they had to wait to be rescued. miguel, what's the story? >> reporter: two of those seven remain hospitalized here. they're said obe in good and fair condition. they were in serious condition yesterday. the group was on a month long survival expedition for out in the wilderness for about 30 days. they were on day 24. it was their first day alone without the supervision of adults. they were crossing a river bed. there were seven of the teenagers lined up in single file. the lead teenager was yelling out to scare away any animals just as they were trained to do when they s

raquel nelson's attorney was outraged at his client's conviction, now he says he's surprised at an unexpectedt in her case. along with her sentence raquel is being offered a brand new trial. >> if you will stand in the court right now. >> reporter: after facing the loss of her 4-year-old son to a hit and run driver -- >> you are found guilty -- >> reporter: raquel nelson appeared in court yesterday to face her own sentencing in a case that's angered many. in the spring of last year nelson and her three children got off the bus on this road in the atlanta area where options for pedestrians are very few. the closest crosswalk was a third of a mile away, so the family tried to cross four busy lanes of traffic to get home. >> i was trying to hurry up and get home so we wouldn't have to be in the dark. >> reporter: and that's when jerry guy struck cc1:them, killing little a.j. and injuring sister.1:nd cc guy, who had a previous conviction admitted to drinking earlier that day. he served six months in prison and was released on probation. >> i know nobody wakes up and says on a day that i'm going t

. >>> in a court case in georgia a judge spared raquel nelson from prison following the death of her van when he was crossing in the wrong crosswalk. facing three years in jail she was sentenced to one year probation after an outcry from the public. >> we'd like to thank everybody for your concern and support and helping get the message out there, and hopefully we can move on from this situation. >> the van driver served six months in prison after pleading guilty to hit and run, not his first run-in with the law. >>> the thief tried to make an atm withdrawal with a backhoe. surveillance video shows him smashing through the wall of a store in louisiana. seems like a lot of trouble for not much. the thief could not get into the atm it turns out, so he left empty handed, empty backhoe handed. does that make sense? 39 minutes past the hour. >> no. >> it doesn't. back hoe-handed? >> marysol castro, a new word? >> i appreciate your desire to be witty and that's, i'm not lying. i do. you're not always witty but i appreciate the trouble. >> thank you, i guess. >> good morning, everyone. we h

is saying that they are going to take the judge up on that offer, and so it appears as though raquel nelson she is cleared in that new trial her entire record would be cleared. nelson's lawyer saying that today. by the way the hit-and-run driver, jerry guy, he's already out. he had been convicted of two other hit-and-run accidents before he was involved in killing a. j. back to you, jon. jon: let's hope justice prevails here. thank you. jenna: more on the developing story. democratic congressman david wu of oregon is resigning from congress pending some resolution of the debt ceiling crisis. there is a picture of him. allegations of a sex scandal. we'll keep you up to date as we hear more. we have from the white house joining us today our budget director jack lew straight ahead right after the break. [ male announcer ] this is coach parker... whose non-stop day starts with back pain... and a choice. take advil no and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪ jenna: right now house republicans are moving toward a vote on a debt ceili

raquel nelson faced up to three years in jail. what did she end up getting? a maximum. there were three charges against her, all misdemeanors with maximum one year sentence each. so she was looking at the possibility of the maximum sentence of three years in jail. she had made a national plea hoping to get to the ears of this judge to please not separate her from her surviving children. today apparently the court was listening. no one was interested in her seeing any jail time at all. when it came time the prosecution stood up and said they recommended probation. the judge said that's what they were going to do. they recommended one year of probation, 40 days of public service, no fine at all. basically, the bottom line here. she lost her child but she will not lose her freedom and she can go back to those children today. >> david, how did they react once she learned her fate? >> we listened to a lot of very emotional pleas from friends, colleagues and co-workers who went before the court to say that she was a very good and loving mother, very hardworking, th

why does casey anthony walk but raquel nelson not walk based on the circumstances here gland she hasmercy. >> right. hohomicide by vehicle in the second degree is the actual charge and conviction. thank you, peter. next on the rundown, can the government tax americans into eating healthier like an extra 50 cents on your jelly doughnut? the debate is next. eat up. >>> then, imagine the morgue worker who heard a knock from inside the freezer. the guy inside didn't want to be frozen. he wanted to live. turn left. you have arrived. sweet belt. e-reader for textbooks. gps. video camera for lectures. game pad. have you considered this ? it's got all tha and more than 200,000 apps. technology to learn and play on-the-go. only at verizon. android powered. playstation certified. the xperia play by sony ericsson. only $99.99. >>> got some quick headlines for you on this tuesday morning. general elect is moving its extra headquarters to china. the biggest maker of medical imaging machines in the world is going to beijing. it's part of the company's plan to invest $2 billion in that country. the

. >> raquel nelson is with us along with her aunt loretta wilson. good morning.rosswalk? >> 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