Attorney files Motion to Dismiss in Macon woman's case

The attorney for Ashley Hamblen, 31, of Macon, says the most serious charge against his client should be dismissed. (Macon County Sheriff's Office)

The attorney for a northeast Missouri woman facing charges related to her son's death is fighting back.

Kirk Zwink of Macon filed a motion on Monday on behalf of his client, Ashley Hamblen, 31, of Macon.

She was charged last week with felony Endangering the Welfare of a Child following the tragic death of her son, Jace Hamblen, 4, during Labor Day Weekend.

Zwink has now filed a motion to dismiss the endangering charge. He says in his filing that police and the prosecutor fail to charge a crime.

He claims the charge must be dismissed because the Probable Cause Statement fails miserably in establishing a crime. Zwink spells out all the reasons for his argument in his more than two-page court filing, which you can read below.

Hamblen is also facing a felony charge of Possession of a Controlled Substance (marijuana), and six misdemeanor counts of Possession of Drug Paraphernalia.

The crime of First-Degree Endangering the Welfare of a Child carries a potential punishment of 10 to 30 years or life in prison.

Hamblen is currently free on her own recognizance.

The Missouri State Medical Examiner's Office still has not released the cause of death for Jace Hamblen, who was found unresponsive in the bathtub at his Macon Home on September 3, 2017.

Ashley Hamblen is due in court on October 17, 2017 for her preliminary hearing.

She has pleaded not guilty to all charges against her.

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