A Mobile judge found probable cause against the parents of a three year old killed in an apartment fire.
Brandon Gurley and Elizabeth Foster, 23, are charged with manslaughter for the death of their son, Christian Foster.
The toddler was home alone when the family's apartment at Orleans Place on Michael Blvd. caught fire early in the morning on April 18th.
Investigators say Gurley went to the bar, telling Foster to either take the toddler to work and leave him in the car or lock him in his bedroom at home.
Firefighters say Christian was found dead in his bed under the sheets. His bedroom door was tied shut with a nintendo cable and a coat hanger.
"You're not responsible when you give the child to the child's mother for what the child's mother does," said defense attorney Dennis Knizley, who is representing Gurley. While Knizley says it was ultimately Foster's decision what she did with the child, prosecutors rejected the argument saying Gurley shares responsibility for their son's life.
"They are charged with recklessly causing the death of this child," said Assistant District Attorney Ashley Rich. "They are the caregivers of this child. That child was their responsibility and they absolutely failed," said Rich.
During Monday's preliminary hearing, an investigator said this was not the first time the couple left the toddler home alone, locked in his bedroom. A neighbor told police Christian had fallen out of his second story bedroom at 9pm the day of the fire, and neither parent was home.
Judge Charles McKnight ruled Monday there is enough evidence against the parents to send the case to a Grand Jury, who will then decide whether to send the case to trial.
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