A New Mexico physician and private school operator is no longer facing charges of failing to report child abuse leading up to an infant’s death.
The Las Cruces Sun-News reports Davis Ruark, the lead prosecutor in the case, filed for dismissal Nov. 13, saying there was a significant change in evidence.
Ann Mercer was charged in 2014 almost two weeks after 35-year-old Annette Smith was arrested in the death of her daughter, 7-month-old Shania Boddie Smith.
Smith’s then-13- and 12-year-old daughters had told police they informed Mercer about abuse in the home before their infant sister died.
State law requires school officials to report child abuse.
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