ELGIN — A Comanche County prosecutor says he won’t file charges in connection with the May 1 death of a 3-month-old girl at a home day care. Comanche County District Attorney Robert Schulte said he’s scheduled to meet this morning with the parents of Hannah Hoots to explain why he’s not filing charges against their daughter’s former sitter. There isn’t enough evidence, he said. Hannah died at Diana Tyler’s Joyful Journeys day care in Elgin. Since then, the state Department of Human Services has revoked Tyler’s license to operate and removed a foster child from her home. Shelly Hoots thinks her daughter’s death was at the very least the result of negligence. An autopsy, according to a state medical examiner’s report, lists the cause of death as undetermined. Hoots, a nurse, said Hannah appeared in good health when left with Tyler that morning. Two hours later, Tyler called to tell her Hannah stopped breathing, she said. "Hannah was already dead when the ambulances got there,” Hoots said. "They tried to bring her back, but she had gone too long without air.” Tyler put the baby on her side with a pacifier in her mouth in a bedroom, and didn’t check on her for at least an hour, a DHS investigator found. Along with violations for leaving children unattended, Tyler was cited for not following a requirement that infants be placed on their backs for sleeping unless there is a written recommendation by a doctor, a DHS report states. Tyler said Tuesday she wants to talk publicly about the case but was advised by her insurance carrier not to. "I have nothing to hide,” Tyler said.