Sherita Jones, 24, is in jail on charges of involuntary manslaughter and two counts of contributing to the deprivation of a minor after the death of her son Latrell Macon, 3.

Latrell's 4-year-old brother survived the blaze. Police said the boys were left alone in the house.

The Gwinnett County district attorney's office now will decide if the case against Jones will be presented to the grand jury for possible indictment.

Gwinnett County Assistant District Attorney Tracie Hobbs said Jones has said she was shopping at the time of the fire, but added that this information is still being investigated.

"They know this is something highly out of character for her and she didn't do anything intentionally," Adams said. "It's our opinion that this is nothing more than someone making a bad decision which led to a tragic accident."