1 of 3 Charges Dropped Against Nelson

Raquel Nelson is one step closer to being cleared in the jaywalking death of her son.

Judge Kathryn Tanksley dismissed one of three charges against the Marietta-area mother Wednesday, the Atlanta Journal-Constitution reports.

Nelson no longer is charged with reckless conduct, but she still faces a second trial this month on two other misdemeanors—second-degree vehicular homicide and crossing a street elsewhere than a crosswalk—in the death of son A.J. on April 10, 2010.

student Nelson, her two daughters and 4-year-old A.J. tried to cross Austell Road from a stop to their apartment complex that evening, as did others who got off the same bus.

A.J. darted from the median into the road and was fatally struck by a van driven by Jerry Guy, who did not stop. Guy pleaded guilty to hit-and-run in exchange for having a DUI count dropped, and he served six months in .

Nelson’s conviction in July on the three misdemeanors and the possibility that she would serve more jail time than Guy sparked and as .

Tanksley , then gave her the unusual option to pursue a retrial instead.

That trial , but Nelson’s attorney, Steve Sadow, moved today for Tanksley to throw out the entire case, the AJC says.

The judge is considering the motion regarding the remaining charges.