Felony child abuse charges against Kelby Koile, 43, of Tucumcari, accused of leaving her 7-month old baby alone in a car in hot weather while she shopped for groceries on July 23, have been dropped.
“After the case was presented to the Court it was found that there was no probable cause for this matter to be bound over to district court,” Quay County Magistrate Judge David Joel Garnett said in his Order Finding No Probable Cause dated Aug. 15. He ordered that the case be discharged.
Tenth District Attorney Tim Rose said, “I have utmost faith in the decision of Judge Garrett. After we learned of the good reputation of Koile and her family, we doubt that she will ever make that mistake again.”
After a hearing on Aug. 13, Garrett said he was delaying his decision on whether to pursue the case.
Tucumcari Police arrested Koile at Lowe’s Supermarket, Tucumcari, on July 23 after Tucucmari police officers responded to reports that a child and a dog had been locked in a passenger vehicle, Chief Jason Braziel said. The officers stopped Koile as she was leaving the parking lot and arrested her.
The baby was taken to Dan C. Trigg Memorial Hospital and was released to the family after the baby was found to be in good health, according to Jerry Koile, Kelby’s father.