Elk County District Attorney Shawn T. McMahon is appealing the dismissal of charges for a couple whose young son was killed in Ridgway in 2016, allegedly by relatives with whom the child was staying.

In June, Elk County President Judge Richard Masson dismissed the charges against Ashlee Druhot, 24, and Daniel Murphy, 27, both of Meadville, citing a lack of evidence.

The Era was not able to obtain a copy of the judge’s order in Druhot’s case, and messages left for her attorney, public defender Tabia Cole, were not immediately returned. Murphy’s attorney, Mike Marshall of DuBois, indicated Masson’s ruling in Druhot’s case was also for insufficient evidence.

The two were charged after their 5-year-old son, O’Ryan Murphy, was found dead in a Ridgway apartment belonging to Murphy’s brother and sister-in-law, Scott and Kristy Murphy. Police noted the apartment was very cold and filthy, with animal feces and decomposing garbage on the floor near the child’s cold and lifeless body, criminal complaints alleged.

O’Ryan and his brother had been staying at the Ridgway residence since December.

According to Masson’s memorandum opinion, Daniel Murphy “lacked appropriate housing for his children in Meadville.” The judge wrote that Daniel Murphy’s father, a registered sex offender, would be moving into the residence, so he asked his brother and sister-in-law to take in his children because Druhot was “unavailable … in December 2015.” Court records state that Druhot was incarcerated in Mercer County at that time.

Masson wrote that Scott and Kristy Murphy had lived with the couple and their two children in Meadville for a time, and that Druhot testified the couple had a loving relationship with their nephews, the memorandum stated.

The memorandum continued, explaining Daniel Murphy had been to the apartment, and while he had not inspected it, he did not note any “adverse environmental issue present” at the time. “Without some evidence that Daniel Murphy knew or should have known about the intolerable conditions that existed when law enforcement officials viewed the apartment on Feb. 3, 2016, he cannot be held omniscient,” Masson wrote.

The judge indicated that Daniel Murphy and Druhot, along with her mother, had called several times and spoken to Scott Murphy and the children. No indication was given to either parent that a problem existed in the home, Masson wrote.

While McMahon had cited a violent criminal past involving Scott Murphy, Masson said it was one incident in 2009, with nothing since then. And in fact, nothing since the children were born, the judge wrote.

There was no evidence that the parents could have known that O’Ryan Murphy was in danger, Masson alleged, and dismissed the charges.

On July 21, McMahon filed a notice of appeal of Masson’s decisions on the Druhot and Daniel Murphy cases.

McMahon did not return a message seeking comment about the cases.

The charges against Daniel Murphy and Druhot were involuntary manslaughter, endangering the welfare of children and recklessly endangering another person, all of which were dismissed.

Scott and Kristy Murphy are both facing homicide charges, with McMahon seeking the death penalty against them. Both cases are awaiting trial.

Online court dockets give very little information about the cases against the Murphys, as the majority of filings are sealed from public view — which is uncommon in criminal cases.