Daye was later taken off life support and died Wednesday night.
Mangum remains behind bars at the Durham County Jail under a $300,000 bond for assault charges, but she could soon be facing murder charges.
The DA's office tells ABC11 that they have not met with police yet to discuss upgrading Mangum's charges. Her attorney says the medical report may be holding things up.
"Her demeanor was subdued as you would expect she's in custody for what was a serious offense which has now gotten extremely serious," Mangum's attorney Woody Vann said.
While Durham police say they do anticipate upgrading Mangum's charges, there's no saying when that will happen.
Mangum's attorney says they may be waiting on an autopsy.
"I know there was some concern and it's just a general one that it will be a considerable length of time before we get a report from the medical examiner just due to the backlog in that office," Vann said. "I'm not saying they will necessarily wait to get the medical examiners report before they determine whether or not they determine to go forward with the new charges, but it's something they keep in mind."
Mangum has said she feels she has been treated unfairly by Durham police ever since she falsely accused three Duke Lacrosse players of rape.
Her supporters say they hope this latest twist is handled by the book.