While Mom Is Out Clubbing, 8-Year-Old Kills Toddler

Woman's attorney doesn't believe she is responsible.

According to a report out of Birmingham, Alabama, a 1-year-old girl was beaten to death by an 8-year-old boy last month while the mothers of the children were out partying at a nightclub.

Birmingham police have done something they've never done before: charged the 8-year-old boy with murder. The mother of the slain toddler has been charged with manslaughter. But her attorney says the punishment is too severe and that her actions don't justify the charge.

Police say that after 11 p.m. on October 11, these mothers, who are roommates, left at least five children under the age of eight home alone so they could go clubbing. While they were out, the 1-year-old wouldn't stop crying and the 8-year-old, not said to be related, "viciously attacked" and beat the toddler to death, according to police.

When the women returned home in the early hours of the morning, it is stated that they didn't bother to check on the kids and found out about the gruesome scene hours later. Police say if they had, the little girl's life may have been saved. She died from severe head trauma and major internal organ damage, states the report.

The woman's attorney is hoping to get the charge of manslaughter dropped and explained his most curious of reasons:

When you read the manslaughter statute, it deals with someone's action as far as acting in the heat of passion, or acting in a reckless manner. Not someone allowing some other person to act in a dangerous manner.

The 8-year-old is currently in state custody along with the other children. His mother has yet to be charged.

WBRC has more on this tragic story: