Juneau County Assistant District Attorney motioned to dismiss a felony charge against a Necedah woman.  Tuesday afternoon a Preliminary Hearing was scheduled for licensed foster care provider, 59-year old Judy Suhr.  Suhr was charged with negligent abuse of patient causing death.  At the start of the hearing, Assistant District Attorney Cliff Burdon motioned to dismiss the charge commenting, “I’ve spent a lot of time on this case.  I’ve reviewed the elements of the charge and the facts of the case and I can’t see where Ms. Suhr neglected James Karnan.  James fell down on June 5th, 2011 and the gash was cleaned.  He appeared lethargic at times but then peppy.  On Monday, June 6th, 2011, James went about his usual routine then Ms. Suhr’s daughter heard a loud noise and found James on the floor.  She rolled him onto his side and called 9-1-1.  I don’t believe she was negligent in her care and the state will dismiss the case.  Suhr’s attorney commented before the court that Suhr has taken care of James since he was 9-years old and no one feels worse than she does.  It was a tragic accident.  James wandered at night and fell.  He was treated for a bump on his head.  But the injury was worse and no one was aware that he had suffered a subdural hemorrhage until James died.  Judge Paul Curran dismissed the charge.