MOBILE, Ala. (WKRG) — Glenda Agee, 54, is accused of killing her son Jamil Autry, 13, in the back while he was sleeping in their home off Jones Road in early October. Prosecutors said the Department of Human Resources has been involved with Agee previously. Her son told DHR that he did not feel safe in their home back in March.

Agee appeared before a judge in a preliminary hearing Tuesday morning. She’s facing a reckless murder charge for the death of her son. Judge Zackery Moore decided this case had sufficient evidence to go to a grand jury.

Prosecutors said Agee fired a .380 caliber from her bathroom into her son’s bedroom killing him while he was asleep. Autry was struck in the back and the bullet exited from his chest, according to prosecutors.

Prosecutors also said the Department of Human Resources have been involved with Agee previously. Autry told caseworkers he did not feel safe in his mother’s care. He also told caseworkers there were times he didn’t know if there would be food or running water at home.

Autry was removed from his mother’s care and stayed with a relative, but he returned to her. Prosecutors are unsure of how that happened.

Prosecutors said Agee told police she had the gun while in the bathroom, and it went off as she was getting into the bathtub.

Assistant District Attorney, Lauren Walsh, said Agee has changed her story with police and investigators.

“After being confronted with evidence, she initially stated that it must have been someone else that did this,” said Walsh. “The testimony today was that she intentionally misled police about what actually happened before she did.”

Her sister, Gwendolyn Payne, said everything the prosecution said was not true.

“I say it is lies because they act like my sister didn’t f*****g panic,” said Payne. “They know it was an accident. The detective told us it was an accident. We knew they knew the gun and they knew before the news knew that it was accident.”

Kenneth Gillespie with the Mobile Police Department testified during the hearing. He said when police investigated Agee’s home, they found multiple bullet holes in the bathroom. Some of the bullet holes were covered up. They also recovered shell casings in the bathroom.

Gillespie described Agee’s home as “miskept” as police noticed blood stains in the hallway and in the blanket that Autry was sleeping in.

Prosecutors said Agee threw the weapon into a neighbor’s yard. Investigators collected shell casings to see if they match the suspected gun.

Gillespie testified that the father of Agee’s son said Agee has an issue with alcohol, and she likes “to play with guns.”

Agee’s sister still said this was an accident and that Agee and her son had a good relationship.

“I’m the one [who] came and they asked me was ‘she a harm to him’,” said Payne. “Ja’mil [would] want to go back to his mom. His mom will hurt you about Ja’mil. Everyone knew how close bond it was.”

Agee’s public defender Glenn Davidson argued that she should face lesser charges of either criminally negligent homicide or manslaughter.

News 5 reached out to Davidson for comment, but have not heard back.