PORTSMOUTH, Va. — A mother accused of second-degree murder and felony child abuse for the death of her 2-year-old son is no longer facing any charges.
Prosecutors dropped all charges against Priya Starr for the death of her son, Kiyan Spears, after he died in her custody in 2017.
A key witness told prosecutors she could not testify in time for the trial set to start on November 2. When prosecutors asked the judge to delay proceedings, the judge declined.
Without their key witness, prosecutors dropped all charges and will have to re-indict Starr for a second time.
A spokeswoman with Portsmouth's Commonwealth Attorney's Office released a statement: "The Portsmouth Commonwealth's Attorney's Office seeks to present all available witness testimony in every matter we prosecute. We remain committed at all times to finding justice for victims of violent crimes."
It's not the first time something like this has happened in Portsmouth.
In August, a Portsmouth judge dismissed all charges against a former daycare provider who faced felony child abuse. A judge ruled prosecutors did not follow discovery rules.
It happened again in September when a Portsmouth judge dismissed the first-degree murder case against Jamal Cannon before the jury even had the chance to deliberate. 13News Now found out this happened because prosecutors omitted the home address of a single witness.
It's also not the first time the case surrounding Starr has collapsed in court.
A judge ruled a mistrial back in July, saying prosecutors violated a witness' rights and did not mince words, telling attorneys: "We're not going to try cases like this... everybody deserves a fair trial, and we're not going to proceed any further."
A spokeswoman with Portsmouth's Commonwealth Attorney Office said they will ask a grand jury to indict Starr a second time in November.