UPDATE: Charges Dismissed in Child Abuse Death Case

Misty Herrin

By Nina Harrelson and Andrea Hay

The case against a Gothenburg man charged in the child abuse death of his girlfriend's 3-year-old daughter has been dismissed.

Doris Herrin, 28, and her live-in boyfriend, Adam Jesseph, 25, were charged with child abuse resulting in death after Herrin's toddler daughter, Misty, died last December from head injuries allegedly caused by the couple.

Jesseph's attorney, Jim Mcgough, told NTV News Monday that further investigation found no criminal involvement by his client and that it shows the girl's mother acted alone. "He [Jesseph] is heartbroken over what happened to Misty," Mcgough said.

On Dec. 21, 2010, the unresponsive child was taken to the Gothenburg Memorial Hospital emergency room by her mother and Jesseph after sustaining what they said was a fall while left unattended in her bedroom.

That same day, she was transported to Good Samaritan Hospital in Kearney, where she underwent emergency surgery for a brain injury.

The following day, Misty was removed from life support and was pronounced dead.

Police began investigating the incident as possible child abuse and removed Misty's 7-year-old sister from the home. She was placed in protective custody with the Nebraska Department of Health and Human Services (DHHS), pending the outcome of the investigation.

It is unclear if she is still in custody of the DHHS.

Herrin is scheduled to go to trial in January. She faces 20 years to life in prison if convicted.