(Olive Branch, MS) A judge says there isn't enough probable cause to hold a woman charged with capital murder of her 2-year-old stepson.
The police chief says he plans to take the case to a grand jury.
Patricia Gale Redman was arrested after the autopsy report was released last week.
Last month, police said they got a 911 call saying a child was unresponsive.
The child was eventually taken to Le Bonheur where he died from “severe and suspicious” injuries.
DeSoto County District Attorney John Champion told us, “At Le Bonheur, basically the child had to be taken off life support. We were called in on it and began working with the Olive Branch Police.”
Olive Branch Police Chief Don Gammage said Redman had only been married two weeks. The father has not been charged.
“These injuries are severe. You’re talking about a two-year-old boy who’s pretty much defenseless. He’s helpless. It’s pretty bad,” said Gammage. “I looked at the autopsy report. It was if not the worst, one of the worst I’ve seen.”
Sources told WREG the father was home when it happened, but was on the other side of the house. We’re told the biological mother lives in Seattle, Washington.
The father also had a 7-year-old who lived at the home. Family members are taking care of him.
“We have seen today that people do get arrested for capital crimes and there was not probable cause to arrest them,” Martin Zummach, Patricia Redman’s attorney, said.
When he walked into court this afternoon he thought there was only a small chance the judge would dismiss capital murder charges against her.
“I didn’t know there was someone out there with the moral courage to do it,” he said.
He says the smoking gun of the day was testimony from a detective who said she was unsure about who hurt the child.
"She could not say one person over the other and that’s candor,” Zummach said.
The judge dismissed the charges and set Redman free, a decision that shocked the Olive Branch police chief.
"I am disappointed," he said.
But the chief vows this case is not over yet.
"We will pursue this further and take it to the grand jury I’ve already spoke to the district attorney’s office since this outcome today," he said. "I'm not going to comment on that because the reality is they had their shot."
Police say they will take another shot at putting Redman behind bars.
"We have the right suspect in custody and we are going to go ahead and send this to the grand jury,” Gammage said.
Reporter: “Do police have the wrong person?
Zummach: “I don’t know. This is the truth. I'm not sure this is a homicide.”
While he says his experts believe the child was not injured by someone, the medical examiner’s office says the child died from blunt force trauma to the head.