ST. PAUL, Minn. (AP) — A Ramsey County judge has denied a request from prosecutors who wanted tougher charges against a woman accused of trying to suffocate her 5-month-old son.

Katie Elaine Lewis of Hutchinson is charged was charged in June with third-degree assault, child endangerment and domestic assault by strangulation. Prosecutors say hospital surveillance video shows her using her fingers to press her baby’s nose shut until he went limp.

Prosecutors wanted to upgrade the third-degree assault charge to second-degree assault with a deadly weapon, which carries a stiffer penalty.

They argued Lewis’s hand constituted a deadly weapon.

Defense attorney Michael Davis asked a judge to deny the change, saying a hand isn’t a dangerous weapon. A St. Paul Pioneer Press report says Judge Judith Tilsen agreed with the defense.

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