PROVO — Charges have been dismissed against a Provo man who faced a count of felony abuse or neglect of a disabled child after authorities alleged he didn't take action to help a dying 7-month-old boy.
The third-degree felony against Alec Nicolaysen, 41, was dismissed Wednesday by the 4th District Court.
Nicolaysen was baby-sitting the boy, who had a heart condition and required oxygen, in October. Court papers said that when the infant's parents returned, the boy was blue and limp.
Court documents say Nicolaysen told police he saw the baby start turning blue and called the mother, but he did not call 911 or perform CPR. The boy was pronounced dead at a hospital.
A prosecutor says a judge did not find Nicolaysen acted recklessly, and there was a question about how much he knew about caring for a child with that type of medical condition.
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