ROCHESTER, N.Y. — A Monroe County Court Judge dismissed the case against a Churchville mother charged in connection with the death of her son last summer.

Monroe County Court Judge John DeMarco ruled the evidence presented to a grand jury in December, was "legally insufficient" to charge Dolfona Grayson with manslaughter. 

Prosecutors say her 10-year-old son J'Vieon Grayson-Sutton, who had a compulsive eating disorder, died after ingesting a lethal dose of fentanyl inside the family's apartment last June. In his ruling, DeMarco said Grayson was at work at the time her son ingested the drugs and that she had left J'Vieon and her younger son home with her boyfriend. 

"I think we're all faced with that fear that when we leave somebody in the hands of somebody else that they're going to be able to take care of that person and not put them in harms way," said Michael Schiano, Grayson's attorney. "I think the court looked at that and said what could she have done differently? She entrusted the child with the father of the child and she was working eight-hours a day, five days a week."

Walter Morse faces a manslaughter charge for his alleged role in the boy's death. He's also accused of shooting J'Veion's biological father, who was cooperating with police and prosecutors.