"It's just a horrible, horrible tragedy on all sides," Games-Neely said of the death of Lemarkus Hicks.
She said evidence indicates the boy’s death was accidental and not a mauling case.
Child neglect charges also will not be filed in the case, Games-Neely said.
The cause and manner of death has yet to be released from the medical examiner's office in Washington, D.C., but Games-Neely said the evidence indicates the child died at Children's Hospital from facial bite.
Lemarkus was found unresponsive near the dog in the neighbor's yard about 5 p.m. off Charles Town Road southeast of Martinsburg, the Berkeley County Sheriff's Office has said.
The dog, which was tied up, has since been put down by Berkeley County Animal Control, Games-Neely said.
Games-Neely said the dog was voluntarily turned over to the county by the owner due to the child's death, but the animal had not been reported to be involved in any prior incidents.
Games-Neely also said there is no evidence that the dog was encouraged to attack Lemarkus or that the child antagonized the animal, but conceded that "nobody knows what happened in that one instant."
The owner of the dog found the boy, the sheriff's office had said.
The incident occurred while Lemarkus was playing with several other children — inside and outside of a cluster of neighboring homes and in each other's yards, Games-Neely said.
"Every one thought he was with the other kids (in one of the homes), but he wasn't," Games-Neely said.
Though the children were "loosely supervised," nothing that occurred rises to the level of criminal neglect, Games-Neely said.
"It's very clear that the adults had a safety plan in place for this child," Games-Neely said.
In addition to signing over to animal control the dog that was involved in the attack, the dog owner also signed over a pit bull and puppies to animal control that were not involved in the incident for adoption, Games-Neely said.
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