A judge has dismissed the involuntary manslaughter and felony injury to a child charges against one of the men accused in the hypothermia death of an 11-year-old girl.

Fifth District Judge Mark Ingram threw out the charges against Kenneth Quintana on Friday, agreeing with defense attorney Doug Nelson that Quintana didn't have custody of young Sage Aragon and her brother, Bear Aragon.

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Robert Aragon, the children's father, is charged with involuntary manslaughter and felony injury to a child.

Prosecutors said the two men were driving the children to their mother's house on Christmas Day when their car got stuck in a snowdrift. Aragon is accused of allowing the children to walk to the home in freezing weather. Searchers later found the boy huddled in a rest area bathroom. The body of his sister, Sage Aragon, was found buried in snow the next day.