Woman charged with son's 2014 death in burning car wants reckless murder charge dismissed

Sommer Wilford files for a dismissal of a reckless murder charge for her son's 2014 death (Shelby County Sheriff's Office)

A woman charged with her son's death in a burning car wants a Shelby County Judge to throw out a reckless murder charge.

Sommer Wilford's attorney filed a motion today claiming that her actions in Jayden Brodie Allen's death didn't rise to the level of reckless murder.

Jayden died when Wilford's car caught fire outside a bank in Alabaster in 2014. The filing goes on to admit Wilford was impaired at the time of the one-year-old's death.

According to court documents, Wilford got out of her car and tried to bang on the doors at the bank. A bush was trapped under Wilford's car, which then caught on fire as a result of the car's heat. Because the windows were rolled down, the passenger side caught on fire.

Police arrived to the scene after a passerby noticed the burning car. When an officer asked if there were any occupants in the car, Wilford repeatedly responded "hold me."

Once firemen extinguished the car, they discovered one-year-old Jayden in a car seat in the back seat of the car.

Wilford's attorney argues that Jayden's death was not caused by reckless murder, as "reckless murder occurs when the behavior is so reckless that it seems purposeful or knowing," which he says does not apply to Wilford.

The attorney continues, "No reasonable person would expect someone to die when they park their car on a curb."

The attorney concludes in his argument that the appropriate charge is manslaughter, not reckless murder.

Wilford is set for a court appearance on Monday morning August 7th.

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