The Stanislaus County District Attorney’s Office has not filed charges against a man accused of domestic violence and child abuse.
Dale Rutherford, 41, was supposed to be arraigned on those charges Tuesday, but the district attorney has yet to uncover sufficient evidence in case. Because he has not been charged, Rutherford will likely be released. However, as of around 3:30 p.m., he was still in custody.
Sunday, Rutherford’s 8-month-old daughter was found unresponsive in the small community of Hickman. She was taken to Oak Valley Hospital but was soon pronounced dead.
The girl’s mother had made charges of domestic violence and child abuse against Rutherford. He was arrested after deputies say they found evidence backing up claims by the mother.
Rutherford’s family of six – which included him, the mother and four children – had lived in a Mercury Grand Marquis for the past two months.