Calgary·Updated

Manslaughter charge dropped against Calgary grandmother accused of killing boy, 5

After charges were dropped against Calgary grandmother Carolina Perdomo, who was accused of killing her five-year-old grandson, her lawyer released a statement saying his client "has committed no crime but she has certainly been punished."

Carolina Perdomo's husband Allan will go to trial alone in June, accused of killing couple's grandson

Carolina and Allan Perdomo were facing manslaughter charges in the death of their grandson, 5-year-old Eneas Emilio Perdomo. On Friday, the Crown stayed the charge against Carolina. (Calgary Police Service)

After charges were dropped against Carolina Perdomo of Calgary, who was accused of killing her five-year-old grandson, her lawyer released a statement saying his client "has committed no crime but she has certainly been punished."

Perdomo and her husband, Allan Perdomo Lopez, were set to go to trial on manslaughter charges in June, but on Friday morning, prosecutor Shane Parker stayed her charge.

"The Crown is going to be entering a stay against Carolina Perdomo only; in other words, we're continuing to focus the prosecution … on Allan Perdomo Lopez only," Parker told the judge.

Perdomo's lawyer, Tim Foster, said his client is still mourning the death of five-year-old Emilio Perdomo, who died in July 2015.

"Carolina Perdomo loved him like a son and was heartbroken by his tragic death," wrote Foster in a statement provided to CBC News.

In an interview outside the courtroom, Parker said he would likely be able to explain why Carolina's charge was stayed years after the couple was initially charged and just months ahead of their trial.

There's "very little I can say right now because Allan Perdomo is still before the courts and once his matters are concluded, I can probably say a little bit more about the decision-making that went into Carolina Perdomo's stay."

'Pieces on the chess board'

Foster said his client has "steadfastly maintained her innocence from the very beginning" and has suffered through intense media scrutiny and spent a month behind bars before she was granted bail.

"For an innocent person, staying of the charge is a mixed blessing," said Foster. "On the one hand, the stress of being under prosecution is gone and there's no longer a risk of wrongful conviction. On the other hand, there will be no trial for her, no opportunity to testify before a jury, and no opportunity for vindication of a verdict of not guilty for all to see."

When a charge is stayed, the Crown can reactivate the case within one year and, although that almost never happens, Parker didn't rule out the possibility.

"A lot of pieces on the chess board, we'll see where we go with it," said the senior Crown lawyer.

Boy died of head injuries

The decision means Allan Perdomo will go to trial alone. 

In July 2015, Emilio Perdomo, 5, was taken to hospital unresponsive and suffering from seizures.

The couple told authorities that Emilio's injuries were the result of several accidents, including falling down stairs, falling off his bicycle, tripping over a garden box and being knocked down by the family dog, according to a document used by police obtain a search warrant.

Emilio underwent emergency surgery but died from head injuries one week after he was brought to hospital.

The boy's mother had sent her son to live with his grandparents in Calgary just months earlier. 

About the Author

Meghan Grant

CBC Calgary reporter

Meghan Grant is the courts and crime reporter for CBC Calgary.

now