Gal free in beat of ma, who died next day

A WOMAN who had been locked up for more than a month on charges of attacking her 67-year-old mother — who died of a heart attack the day after the alleged assault — is free for now.

Brooklyn Supreme Court Justice Matthew D’Emic decided to release Chandra Sutton on her own recognizance Thursday after she pleaded not guilty to felony assault against her mom, Barbara Kirby.

Sutton’s attorney, Roy Wasserman, argued in court that his client should be freed without bail since her charges were never upgraded to a homicide. She had been held on a $35,000 bond set at arraignment on June 18.

The lawyer also told the judge that Sutton suffers from posttraumatic stress disorder and is a victim of sex trafficking.

Prosecutors fought to keep Sutton behind bars, saying the city medical examiner’s office found the death of Sutton’s mother “was health-related due to complications followed by a physical altercation.”

Sutton, 49, was indicted on a charge of second-degree assault against a person over the age of 65. If convicted, she faces up to seven years in prison.

While out, she must participate daily with the Women’s her Prison Association in their alternative to incarceration program.

Sutton had told authorities she didn’t remember exactly what happened on June 18 between her and Kirby in the mother’s Snyder Ave. home in East Flatbush.

The college-educated daughter, who takes antidepressants, told The News in an exclusive jailhouse interview that she had one drink and blacked out.

“My mother was mad because I had a drink earlier in the day and I’m not supposed to be drinking . . . . Next thing I remember, I was giving her CPR,” Sutton told detectives, according to newly released court documents.

“There’s no evidence of physical contact, it’s all circumstantial,” Wasserman said outside court. “She had a heart attack and her elderly husband, who is 90 years old, was the only person on the scene and assumed there was physical contact.”

According to the criminal complaint, Kirby was heard crying for help moments before the witness saw her lying on the floor and bleeding from the head with Sutton sitting nearby.

“I’m so, so sorry,” a tearyeyed Sutton told The News in the previous interview. “I just want them to know that I’m sorry. I didn’t want to hurt anyone. Please tell my family I’m sorry.”

Outside the courtroom, three of Sutton’s relatives declined to comment about her release.