The death of a baby in the care of a daycare center two years ago was not a criminal act a judge ruled Thursday and dismissed criminal charges against a Norfolk daycare center director.
Two years ago, seven-week-old Dylan Cummings was found unresponsive in a nap room after being placed on his stomach to sleep at the Little Eagles Day Care in May 2010. The state medical examiner found the baby to be otherwise healthy and determined his death to be caused by sudden infant death syndrome or SIDS.
The judge dismissed a felony child cruelty charge against director Tammy Futrell saying the state failed to show intentional neglect by Futrell. Several additional felony charges against three additional former employees are also expected to be dropped.
In January, charges of homicide against Futrell were dismissed and prosecutors then brought the child cruelty charges.
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