The second of two people convicted of aggravated involuntary manslaughter in the grisly death of a highway construction worker has won bond as she awaits word on an appeal request.

Friday, Tracie Nininger was placed under essentially the same conditions as her co-defendant, Jeffrey Dupree, who was granted bond in August.

Nininger will be required to post a $250,000 secured bond, is banned from using alcohol and illegal drugs and will be tested daily, and must live with a parent in Bedford County, according to Roanoke County Commonwealth's Attorney Randy Leach.

Dupree's successful request for bond from Circuit Court Judge James Swanson was a surprise to prosecutors, who contended they had never heard of a convicting judge allowing a defendant to remain out of jail on such a serious charge.

But, Leach said Friday, "once she asked for a hearing, it was not a surprise" Nininger also was granted the same conditions as Dupree.

Swanson convicted the pair in October in the death of paving worker Richard Slone.

Dupree's vehicle rammed into the back of one driven by Nininger in the early morning of Feb. 20, 2008, as they drove past a construction crew on Electric Road near Tanglewood Mall. Nininger's vehicle struck the blade on the rear of a tractor, pinning Slone against a dump truck and killing him.

Dupree and Nininger pleaded guilty to driving under the influence in the case. Both challenged the manslaughter charges, arguing that the construction company failed to provide adequate safeguards. Swanson decided the fault was theirs, however.

Neither Dupree nor Nininger has an automatic right to an appeal, but both filed petitions with the state court of appeals within a day of each other in May.