CARLSBAD, N.M. (KRQE) – Kelli Smith, accused of letting her grandson overdose on fentanyl, was released from custody after the judge in her case declared a mistrial. Smith’s trial was supposed to begin on Monday but Judge David Finger could not seat a jury from the selected pool of candidates which prompted a mistrial.

Smith is charged with child abuse resulting in death after her 12-year-old grandson Brent Sullivan was found unresponsive in her shed two years ago. Police Smith, along with Brent’s mother Alexis Smith, were both using and selling fentanyl.

Her conditions of release require her to have an ankle monitor, have no contact with any child, and report for drug counseling. No word on when they plan to reset the trial. Last week, Alexis Smith was sentenced to 14 years in prison for her role in his death.