Judge questions case against mom accused of leaving kids in dirty motel room

GWINNETT COUNTY, Ga. — A Gwinnett County mother, accused of leaving her children alone in a filthy motel room, could soon be out of jail.

We first told you about this story earlier this week when Channel 2's Gwinnett County Bureau Chief Tony Thomas obtained body camera video showing the conditions the children were living. A woman found them wandering around alone near the extended stay motel.

Police say when Sardegia Elliott left for two hours with one child to go get food at a Walmart, she caused the children excessive mental and physical pain.

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Thomas was the only reporter in court as a judge had some serious questions about the charges in this case.

Records show Elliott remains in the Gwinnett County Jail, even though a deal has apparently been worked out for her release. That came as Magistrate Judge Bob Mitchum openly debated whether her actions at this motel really involved a crime.

"Let's do some help, rather than harm," he said.

The judge asked prosecutor Drew Unger the following, "Do you have children Mr. Unger?"

Unger reponded by saying, "I do, I have a 5-year-old and I wouldn't leave him alone for 10 minutes."

Mitchum considered whether child cruelty charges should remain against Elliott.

"We are getting very close to criminalizing being poor," he told the courtroom.

Elliott has been in jail for several days. Lawrenceville police arrived and said there was only one diaper and no food in the room.

"The two children lying in soiled diapers. The one child confused and crying, the other child

eating the biscuit like it was his first meal. Starving, hungry," the prosecutor explained.

"The physical pain, I don't know, when she actually goes to get them something to eat. I don't know what the standard is that she could have actually met," the judge said.

Elliott's attorney asked for the case to be dismissed, but the judge let it continue, noting that she can get out on bond.

"So, the mother's option is what? Go get some food and be a felon or stay there and starve?" the judge asked.

At the time of her arrest, the children were taken into state custody, partly because the father was already locked up in Clayton County on unrelated charges.

Cox Media Group