HOOD RIVER, Ore. (AP) – An Oregon child care regulator has been acquitted of official misconduct, a charge she faced after an infant died at an illegal Hood River day care she oversaw.

The Oregonian/OregonLive reports the prosecutor alleged licensing specialist Julie Smith knew the day care was caring for children after her office had ordered it to shut down.

But after her trial resumed for the third day Thursday, Hood River County Circuit Court Judge Karen Ostrye granted a defense motion to acquit her.

The judge said prosecutors hadn’t proved Smith knowingly failed to perform her duties as a public official.

Smith was indicted after an investigation into the May 2018 death of Cyrus Macioroski. A detective testified that his day care providers left the infant alone for hours.

The day care had been ordered to shut down over one year before the death after investigators substantiated reports of abuse.

The judge placed fault beyond Smith and called out the entire Office of Child Care.

Information from: The Oregonian/OregonLive, http://www.oregonlive.com