A Douglas County judge Tuesday dismissed a felony charge against a 22-year-old Lawrence woman accused of endangering her 5-month-old son after hearing evidence in the case.
District Judge Peggy Kittel still ordered Kayla N. Brown to face a trial on three misdemeanor charges after a family member testified she saw Brown shake the boy when she was angry earlier this year.
Lawrence police officer Mark Unruh, a juvenile investigator, also testified Brown told him in April she was frustrated once as she picked up the baby and squeezed him under his arms.
Prosecutors originally charged Brown with one count of aggravated child endangerment, which is a felony, with the 5-month-old boy listed as the victim, and two counts of misdemeanor battery with her 5-year-old daughter listed as the victim. But Kittel followed an argument from Brown’s defense attorney Greg Robinson that the evidence in the case did not support the felony charge.
Robinson had argued there was no medical evidence the child was injured. Kittel agreed to grant Brown a bond on her own recognizance, but she is not allowed to have contact with her children or supervise any other children under the age of 13.
A trial on the misdemeanor counts is scheduled for Sept. 14.