Charges Stand Against Raquel Nelson

Raquel Nelson won't avoid a second trial on charges related to the jaywalking death of her 4-year-old son.

Judge Kathryn Tanksley denied a defense motion Monday to dismiss the remaining two charges against Nelson, including second-degree vehicular homicide, The Associated Press reported in an article carried by the Columbus Ledger-Enquirer.

Nelson is on the vehicular homicide charge and crossing a road elsewhere than a crosswalk, both misdemeanors.

Nelson on those charges and reckless conduct in the death of son A.J., who was killed by a hit-and-run driver in April 2010 as Nelson and her three children tried to cross darkened Austell Road from a Cobb Community Transit bus stop to their Marietta apartment complex. The was a quarter-mile away.

Tanksley sentenced Nelson to 40 hours of community service and probation but gave her the unusual option for a retrial to clear her name.

Nelson's ex-husband and A.J.'s father has since said .

The judge early this month.