DETROIT (WWJ) – A probation violation charge has been dismissed against the stepmother of 12-year-old Charlie Bothuell V, who was found in the basement of his home days after he went missing last month.

Wayne County Judge Gregory Bill on Friday ordered Monique Dillard-Bothuell’s tether removed, and the charge dropped.

She’d been wearing as a condition of her bond since a gun was found in the home she shares with Charlie, his father, and her two biological children.

Bill said he dismissed the case because of insufficient evidence that Dillard-Bothuell violated her probation.

Defense attorney Marc Magitson is pleased.

“There was a gun that apparently was in the house — she had no knowledge of it,” said Magitson. “That’s it; they take the position that if you’re in any vicinity of a gun, that’s a violation of their zero policy.”

Magitson said that the removal of the tether will help Dillard-Bothuell tend to her children.

“She’s just happy to be able to visit her two kids — be with her autistic son who needs her very much, help breastfeed her young daughter and try to put back a life that has gone awry,” Magitson said.

According to court documents, 12-year-old Charlie Bothuell V told police that his stepmother put him in the basement for lying about doing a physical fitness routine. The boy also accused his father of disciplining him with a PVC pipe.

Dillard-Bothuell and her husband made no statement and there was no police testimony in court Friday. The state wants to terminate the couple’s parental rights over the abuse allegations.