WHEELING, W.Va. – A judge has dismissed charges against a Wheeling couple accused of neglect in the death of their 3-year-old daughter.
Media outlets report that Ohio County Circuit Court Judge James Mazzone approved a prosecution request to dismiss child neglect charges against Edward Cole on Monday. Charges against Cole’s wife, Cindy Cole, were dismissed Friday.
The charges were dismissed without prejudice, meaning they could be refiled.
The couple’s daughter, Patience Cole, died in March 2012 after ingesting her father’s anti-depressant pills.
In April, Mazzone declared a mistrial in Edward Cole’s case after learning that attorneys didn’t redact certain information from medical records before providing them to the jury. Cole’s retrial had been scheduled to begin Wednesday.