A Johnson County family is claiming half a victory in their battle against child abuse charges.
The mother, Danita Tutt, still faces criminal charges in Tarrant County. The Cleburne mother is accused of not giving food to her 13-year-old son and trying to cause his death.
On Thursday, Child Protective Services dropped its case against Danita after seeking to terminate her parental rights.
Danita’s son, Colby Tutt, captured national attention when he received a surprise visit at home from WWE star Eric Rowan when he was said to be chronically ill since birth.
Colby and his family were even taken in a limo to watch WrestleMania.
Soon afterward, there were claims that Danita withheld food and water from Colby and liked the attention from having sick children. Colby's younger brother also battles health problems. Both children were removed from the home in May of last year.
"CPS is the entity in the state that is charged with taking care of abused and or neglected children, and they've made the decision in this case that the evidence didn't support their cause of action and they're out,” said attorney Chris Cooke. “So that should tell you all you need to know. CPS is dismissing their case. There is no case."
There is still a criminal case pending against Danita in Tarrant County. The most serious charge is attempted murder. Her attorneys in Johnson County are hopeful the outcome with CPS will help clear their client's name.
"She is one of the strongest women I've ever met in my life,” Cooke said. “This is round one. We won this battle and will continue to fight for her kids in Tarrant County."
If convicted of attempted murder, Danita could face life in prison.