DALLAS (CBSDFW.COM) – Dallas County prosecutors have dropped the child endangerment charge against Sini Mathews of Richardson for a lack of evidence.

Mathews is the mother of 3-year-old Sherin Mathews who was found dead in a culvert in Richardson on October 22, 2017.

Sherin Mathews (credit: Richardson Police Department)

Detectives determined Sini left her daughter home alone while she and her husband, Wesley Mathews went out to dinner with their biological daughter, the night of Friday, October 6. Police said they obtained cell phone records and receipts confirming they went to dinner in North Garland.  Police said they were gone for 90 minutes and when they got home, Sherin was still in the kitchen.

Arrest affidavits stated that Mr. Mathews (Sherin’s adoptive father) claimed he was trying to get the child to drink a cup of milk, but that she was not cooperating. He said that, after Sherin finally complied, he “physically assisted the 3-year-old girl in drinking the milk.”

Mr. Mathews continued, saying that the toddler then began to choke. After some coughing, Sherin’s breathing started to slow down. The 37-year-old father said that, when he could no longer feel Sherin’s pulse, he “believed she had died” and removed the little girl’s body from the house.

The little girl was reported missing on October 7, 2017, by Mr. Mathews, who was later charged in her death. He’s charged with capital murder, injury to a child, tampering with evidence, and abandonment.

The District Attorney’s Office is dismissing the case against Sini due to the determination there is not enough prima facie evidence to proceed with the allegations in the indictment beyond a reasonable doubt.

Wesley remains in jail on $1 million dollar bond.