Child neglect charges against a town of Medina woman whose 2-year-old daughter died from inhaling gasoline fumes were dismissed Tuesday, if only temporarily, until prosecutors file an updated charging document.
Assistant District Attorney Michael Finley agreed to dismiss the criminal complaint filed last month against Connie M. Hartmann, 35, after her lawyer, Assistant Public Defender Dennis Burke, wrote in a motion to the court that the facts in the complaint didn't support the two child neglect charges against Hartmann.
Hartmann's 2-year-old daughter died and her 4-year-old son was hospitalized after they inhaled gasoline vapors inside a closed car on May 6. A criminal complaint states that the owner of the car had put a can of gasoline in the back seat because the car's gas tank leaked, and a bowl containing gasoline was also found on the car's center console.
The complaint states that Hartmann was asleep when her children slipped out and awoke to find them not inside her apartment.
Hartmann was charged with child neglect resulting in death and child neglect resulting in great bodily harm.
Circuit Judge Ellen Berz dismissed the complaint without prejudice, meaning that prosecutors can re-file charges later.
"My belief is there is a lot more information that could be put in the complaint," Finley told Berz while asking her to dismiss the complaint.
He said arrangements can be made for Hartmann to report to authorities to face charges when they are re-filed rather than be arrested on a warrant.