Hot car death: Defense attorney asks judge to drop Gwinnett murder charge

A Gwinnett County mother charged with second-degree murder in her 1-year-old son's hot car death had her case moved to Superior Court Tuesday after her attorney waived a preliminary hearing. 

Defense fights murder charge

What we know:

Deja Coleman, 29, appeared alongside her attorney, Tom Ford, for a scheduled preliminary hearing at the Gwinnett County Detention Center on Tuesday. Investigators accused Coleman of leaving her 1-year-old child inside her vehicle during an eight-hour work shift at Northside Hospital Gwinnett on July 29. 

During the hearing, Ford asked the judge to drop the murder charge, arguing the tragic event was a mistake rather than a crime. "Murder, this is not. A dead child in a car with a wailing mother in the parking lot is not murder. I don't care what the statute says. It is a mistake because you have a dead child does not make it a crime," Ford said. He requested to dismiss the murder count and waive probable cause on involuntary manslaughter so Coleman could attend her son's funeral without handcuffs. 

The judge noted she lacked jurisdiction over bond and explained the hearing was designed to test probable cause. Ford ultimately waived the hearing, sending the case to Superior Court. Outside the jail, family members, supporters and a neuroscientist held a news conference, where the expert stated stress and sleep deprivation can cause a fatal brain functioning flaw rather than a lack of parental love. 

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What they're saying:

Officials have not yet scheduled a bond hearing in Superior Court. It remains unknown whether prosecutors will reconsider the second-degree murder charge following the defense's scientific arguments. 

Defense strategy

What's next:

Coleman remains held without bond at the Gwinnett County Detention Center. Ford stated he hopes to secure a bond hearing in Superior Court before the weekend and intends to push his concerns to Washington to help prevent future hot car deaths. 

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