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Endangerment Charge Dismissed; Case Continues

LEOMINSTER (AP) ― A judge has dismissed charges against a Holden couple accused of nearly starving their toddler to death, but the case is not over.

A lawyer for Joshua and Kellie Theriault asked a judge to dismiss the charge of reckless child endangerment, a motion that was granted on Wednesday in Leominster District Court.

The Theriaults lawyer, Thomas Guiney, now wants a clerk magistrate to hear from both sides and determine whether the couple committed a crime.

Authorities are expected to refile charges and a show-cause hearing has been scheduled for October.

The 2-year-old boy weighed 17 pounds when state authorities intervened in February. The Theriaults pediatrician says the boy was undersized but healthy. A state doctor says the boy was malnourished.

(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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