A Carson City mother whose 3-year-old son was found running along Highway 395 in waived her preliminary hearing Monday and will plead guilty in district court to a gross misdemeanor, her attorney said.
Cheryl Gomes, 42, was released from custody by Justice of the Peace John Tatro after Chief Deputy District Attorney Anne Langer discovered Gomes was being charged with felony child neglect when the incident is considered a gross misdemeanor in Nevada.
"She has no prior conviction of child neglect," Langer said. "So it's only a gross misdemeanor."
Gomes' son was found in front of Glen Eagles Restaurant on Highway 395 about 6:30 p.m. Oct. 12. According to police, he had apparently walked about a quarter-mile and across four lanes of highway from his home at the Parkway Manor Apartments on Broadleaf Lane.
Public Defender Paul Giese said Gomes suffers from attention deficit disorder, as does the 3-year-old, whom Giese said was prescribed Ritalin.
"Is Mr. Giese saying a 3-year-old boy has been diagnosed as ADHD and is on Ritalin?" Langer asked in disbelief, to which Giese shook his head "yes."
After Langer pointed out the reduction in charges, Tatro agreed to release Gomes on her own recognizance.
Her hands shackled to her waist, Gomes said "Yes!" and bounced in her seat when she heard she was being released.
The boy remains in the custody of Child Protective Services. Currently, Gomes is allowed only supervised visits with him, Langer said.
"Everybody's biggest fear is that this child is not going to be protected," she said.
No district court date was set.
