New indictment drops homicide charge against NY mom accused of neglecting 8-year-old daughter

A New York special-education teacher who was accused of killing her severely disabled daughter by neglecting her is no longer facing a homicide charge.

An indictment unsealed Tuesday alleges only child endangerment against Nicole Diggs and her husband, Oscar Thomas.

Diggs' 8-year-old daughter, Alayah Savarese (ah-LY'-uh sah-vuh-REES'), died in 2012. Prosecutors say the Yonkers girl didn't receive proper nutrition or medical treatment.

A previous indictment alleged negligent homicide. It was dismissed in part because of a suggestion the girl's $2 million trust fund was a motive in her death.

An assistant district attorney said Tuesday that before going to a second grand jury prosecutors decided "some facts had changed" and the homicide charge was inappropriate.

Diggs and Thomas have pleaded not guilty to the endangerment charge.