All charges were dropped in court on Tuesday against a Chattanooga woman seen in a “viral” Facebook live video smoking, drinking, and eventually dropping her one-month-old child.
In the now-deleted 30-minute video, Tybresha Sexton, 24, at one point held the child up with one arm and subsequently dropped it on the bed.
After neighbors called the police, Ms. Sexton allegedly told law enforcement she “didn’t want that (expletive) baby anyways.” Police noted Ms. Sexton smelled of alcohol during their encounter. She was arrested and taken into custody at Hamilton County Jail.
On Friday, the preliminary hearing was delayed after state prosecutor Charlie Minor asked judge Gerald Webb Jr. for more time, in order to go through the defendant’s medical records. Prosecutor Minor then stated he could bring in the officer who interviewed Sexton on the day of the arrest.
Once Ms. Sexton appeared before Judge Alex McVeigh on Tuesday, prosecutor Ben Boyer told the court of the state’s intention to drop all charges against her, which included neglect of a child.
The state reviewed several videos during the day in between the two sessions. The prosecutor noted the state had the burden of proof when it came to proving the child had been endangered by her actions, or had been caused harm by Ms. Sexton’s actions.
“Simply put, I do not believe the state can meet these standards,” said prosecutor Boyer, who made sure to add, “Ms. Sexton needs to review her parenting skills. But the outrage does not create criminal offense, and I don’t think either ethically or legally, we can pursue charges.”
The need for Ms. Sexton to get back on medication was stressed by all parties involved. While she was pregnant with her child, Ms. Sexton stopped taking this medication, which may have affected her behavior.
“I need you to get back on your medications, so we don’t see you back here,” said Judge McVeagh.
At the moment, Ms. Sexton’s grandmother has custody of the child, and will continue to until January 2020. The grandmother told defense attorney Jay Perry that Ms. Sexton had set an alarm on her phone to go off every three hours in order to make sure the baby was fed regularly. Ms. Sexton will be allowed to petition to regain custody of her child after the new year.