Santa Clara County prosecutors say they decided against charging 24-year-old Lupita Cortez with attempted murder because that would have required proof that Cortez intended to kill the child, and the evidence did not support that.

The San Jose Mercury News reports that Cortez had been hospitalized with severe depression days earlier.

The 22-month old boy survived the fall with bumps and bruises. Authorities say Cortez is being treated for broken bones after jumping from the same window when officers arrived.