RANCHO CUCAMONGA (CBSLA.com) — The San Bernardino District Attorney has decided not to file charges against the grandmother of a boy killed by five dogs in Colton Monday.

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Joy Benedict reporting for CBS2, said Eustolia Zamudio was not home during the time of the attack.

The boy’s uncle, Marco Zamudio, 23, was arraigned Wednesday and formally charged with felony child abuse causing death.

His bail was set at $250,000.

The grandmother is expected to be released sometime Wednesday evening.

Meanwhile, Benedict reports there is a growing memorial outside the Colton home where 2-year-old Samuel Eli Zamudio died.

His uncle reportedly fell asleep while watching the boy and the toddler fell through a window and into the backyard.

Neighbors she spoke said they were surprised by the charges, saying it just seemed like a terrible accident.

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“I have a 3-year-old, and I mean, I can’t be behind her 24-7. I try to be but the second you turn around and she is not there anymore,” said Janet Cardiel.

The boy’s mother and father were both in court today and tried unsuccessfully to talk to the DA.

They didn’t want to talk to Benedict on camera, but told Benedict they were of course extremely saddened, heartbroken and devastated by their loss.

The mother and father also believe neither the boy’s grandmother or uncle should be charged but acknowledged that was a decision to be made by the DA’s office.

Eustolia Zamudio spoke to KCAL9’s Crystal Cruz Wednesday evening hours after she was released from jail.

“My baby, my nino,” she cried. “It was an accidente, terrible, que doloroso.” (translation: it was dangerous.)

She told Cruz, in Spanish, that she would understand if the DA charged her and her son and “they would accept it.”

Five of the woman’s dogs were euthanized. Three more dogs that were not part of the deadly pack were seized by the county.

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Cruz asked her if she wanted the three back and she said she would get, “only one. I will go pick it up tomorrow.”