Anthony Michael Sanders, of Texas, was accused of smothering his daughter, Ellie Mae, at their home in the Fort Worth suburb of Watauga in 2015.
In April 2016, when Sanders was initially charged, Watauga Police Sgt. Jason Babcock said authorities thought Sanders' may have killed Ellie after she interrupted his computer game.
Mr Sanders, who had been held in jail since April previous year, was released on 13 September, two days after his murder trial was scheduled to start. He said he found his daughter not breathing after his son reported she wouldn't wake up.
Prosecutors, however, later learned that the boy told his mother that he hit the girl with the pillow and it was too heavy to remove it from her head, according to the Fort Worth Star-Telegram.
It also mentions that the boy cried when he told them he had rolled the pillow on his sister's legs and then accidentally rolled it onto her face.
He has been an inmate at the Tarrant County Jail ever since, with a trial scheduled for September 11, but Anthony Sanders' trial never happened. However, she added that she doesn't believe her son and that what he is saying doesn't make sense.
Prosecutors dismissed the capital murder case against Sanders and he was released from jail on September 13.
Sanders' lawyer Tim Moore told the Fort Worth Star-Telegram that Sanders was "elated" that the charge was dismissed.
"He has denied it from the beginning", Moore said. According to the pair, the little boy broke down in tears as he told them his version of what happened to 2-year-old Ellie Mae before his father was arrested for her murder.
"He was unable to move the pillow".
An arrest warrant affidavit had stated the girl had bruises on her body and other injuries, but Moore said Sanders isn't responsible and will not face any new charges.
The Tarrant County district attorney's office had no comment on the case. The child said that Anthony later unzipped the pillow and removed the heavy item.
"It's possible that there is enough of a difference in the strength of a 5-year-old to overpower a 2-year-old", Dr. Krouse stated, according to prosecutors.
"That's obviously up to the district attorney's office". "There will be no more charges coming out of it".