#childabuse | Judge dismisses charges against Chattanooga woman in Facebook live neglect case

Charges have been dropped against Tybresha Sexton, the woman whose Facebook live video showing her holding her newborn over her head while she was smoking went viral two weeks ago.

At a hearing in Hamilton County Criminal Court Tuesday morning, prosecutors recommended to Judge Alex McVeigh that charges against Sexton be dismissed.

The assistant District Attorney says while it may be “disturbing,” they would have a problem meeting the burden of proving there was neglect.

We also learned in the hearing that the child’s grandmother already had custody, before the incident.

The judge dismissed the case, and told Sexton she would be released from the Silverdale Workhouse later on Tuesday.

Watch our livestream of the hearing below:

Police reports say the video lasted 30 minutes and showed Sexton shaking the infant. An officer said Sexton also had a “heavy odor of alcohol on her breath and made irrational statements.”

According to an arrest report, Chattanooga Police responded to the Bayberry Apartments Sunday evening after several people alerted them to the video.

According to the affidavit, Sexton told police the reports weren’t true and allowed an officer to check the infant.

The officer says Sexton had a heavy odor of alcohol on her breath and made irrational statements.

The report says several neighbors then came to the apartment and showed police clips of the 30 minute video where Sexton shook the infant, picked her up by the arm, and dropped her.

According to the affidavit Sexton loudly said she, “didn’t want that f***in’ baby anyway,” and she “already told them that.”

This story will be updated as we get new information.

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