Lupita Cortez, Mom Who Threw Toddler Out Window, Dodges Attempted Murder Charges

Mother defenestrates son

​Contrary to what some readers might think, prosecutors have decided that 24-year-old Lupita Cortez isn't that bad a mother. Cortez, who has been in police custody since Christmas Day when she dropped her 2-year-old son from a second-story window, will not be charged with attempted murder, prosecutors told reporters.

Instead, the San Jose mother will be charged with felony child abuse and child endangerment, KGO reports.  Prosecutors say while there was plenty of evidence to charge Cortez with child abuse, there wasn't enough reason to believe she was actually trying to murder 22-month-old Nathan Alvarez Cortez.

Cortez had been hospitalized with severe depression just days before she tossed her son out the window. Police are questioning her mental state as she remains hospitalized.

Cortez was arrested Sunday evening after she allegedly locked her son and herself in a room before tossing him out of the window -- 20 feet down. As police arrived and tried to get to her, Cortez jumped out the window, landing on a patch of concrete.

Fortunately, neither mother nor son were fatally injured.

Cortez was hospitalized with broken bones and her son, who suffered bruises, is now in the care of upset relatives.

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