CROCKETT, TX (KTRE) - After two witnesses in the case recanted their previous statements, the Houston County District Attorney's Office has decided to drop the two felony charges against a woman who was accused of causing her 2-year-old son's head to hit a dining room table before choking him.
When Darrynisha Marie Stovall, 24, of Crockett, was arrested in early November, she was charged with two-third-degree felony charges - injury to a child with the intent to cause bodily injury and assault of a family member - impede breath or circulation.
A legal assistant for Melissa Hanna, Stovall's defense attorney, sent East Texas News a copy of a letter from Roger White, a prosecutor with the Houston County District Attorney's Office.
"The charges set out above are being declined," Stone wrote in the letter. "Regarding the alleged choking of the child, both witnesses who reported (on the night of the incident) that the child was choked have now recanted their statements. In my opinion, none of the adults who witnessed the incident are credible witnesses or can be trusted to testify truthfully about it."
White continued by saying in regard to the allegations that Stovall's 2-year-old son's head hit a table after she grabbed him, he did not see any evidence of head injury in the photographs of the child. He added that know injury to the child's head was mentioned in the Crockett Police Department incident report either.
"Bodily injury is an element of injury to a child, and I see no evidence of bodily injury that was caused when the defendant grabbed the child and his head hit a table."
According to the arrest affidavit, a Crockett PD officer was dispatched to a home in the 600 block of North 7th on Nov. 9 to check out a report of a disturbance. When he got to the address, he spotted Stovall walking north on 7th Street.
After the CPD officer talked to the other people at the house, he learned that Stovall had been trying to get the attention of her 2-year-old son, and when he refused to acknowledge her, she got angry, the affidavit stated.
Witnesses told the police officer that Stovall grabbed the boy by his shirt and caused him to hit his head on the dining room table. Once the child was in her grasp, Stovall allegedly started to choke him.