Charges dismissed in daycare death

NORFOLK, Va. (WAVY) - A woman charged in connection to the death of an infant at a Norfolk daycare was cleared of those criminal charges Thursday.

Amanda Howie with the Norfolk Commonwealth's Attorney's Office told WAVY.com the felony count of child cruelty against Tammy Futrell, 47, was dismissed by a judge during a pre-trial motion. The CA's Office did not drop the charge.

Futrell was originally charged with homicide in connection to the May 25, 2010 death of Dylan Cummings. Dylan was just 7-weeks-old at the time of his death. Cummings was in the care of Futrell at the Little Eagles Day Care on East Little Creek Road.

In January, a judge dismissed the homicide charge against Futrell, prompting the cruelty charge.

"Our Office certainly respects the judge's decision; however, it is not the decision we clearly believe the evidence supported," Howie told WAVY.com Friday.