BAKERSFIELD, Calif. - The District Attorney's office is refusing to press charges against a local mother after her five-year-old son drowned in a canal.

The DA's office said more evidence is needed to charge Yvette Valencia in the death of her son Dominick.

Last week, the Sheriff's Department sent the case to the DA recommending felony charges.

Back in June, Valencia said she and Dominick were walking along the canal on their way to the store, when Dominick spotted some fish in the water, ben down to look at them and slipped into the water.

She said she jumped in to get him, grabbed his t-shirt, but lost her grip and it slipped through her fingers.