JEFFERSONTOWN, Ky. (WHAS11) -- A Jeffersontown mom accused of trying to abandon her child at Sam’s Club won’t face charges after all.
She was facing abandonment and wanton endangerment charges after witnesses say she stated, “’I don’t want her any more. Call 911.’” and walked out of the store.
“Maybe what appeared to be inappropriate to the people at Sam's really was not inappropriate and she was just trying to gain some control back over her child who was acting up,” Thomas Clay, attorney for accused mother Fengshan Huang, said.
Huang was arrested for trying to abandon her 6-year-old daughter in the Sam's Club on Blankenbaker Parkway in November. Witnesses say she walked out of the store despite repeated attempts to reunite her with the child.
Clay says Huang speaks limited English and believes that was part of the confusion at the store and that she didn't say she didn't want the child any more.
Prosecutors aren't buying that.
“I don't find that explanation plausible. She has been in this country for some time. She has a conviction from 2007 in another county that also involved one of her children. So the language barrier, that may be a factor but I believe she's using that as crutch at this point,” prosecutor Ingrid Geiser said.
Judge Sheila Collins said there was no probable cause for an abandonment charge and the charge was dropped.
“We are always disappointed when a case we feel should be prosecuted doesn't move forward. Essentially our hands were tied when the abandonment charge was dismissed for lack of probable cause,” Geiser said.
Huang has an older child also.
She is set to get both children back this week after the state removed them from the home.
Huang has a conviction from 2007 out of Adair County for child abuse.
WHAS11 reached out to the judge in this case to find out why she didn’t think there was probable cause. We have not heard back from her yet.