INDIANAPOLIS (WXIN/CNN) – There will be no criminal charges against an Indianapolis daycare where a 1-year-old boy was injured.
The boy suffered severe cuts in his face after another child reportedly attacked him.
"I'm not stopping until justice is served for my son," said Tiffany Griffin, the victim's mother. "My son can't walk. He can't talk. And I'm not stopping."
Scratches and bruises cover baby Jesse's face.
"But these scars that our family's got to deal with every time we look at him – and no one is being held accountable," Griffin said.
The injuries were left behind after the 1-year-old was beaten at Kiddie Garden daycare in April.
"He’s traumatized," Griffin said. "He's been hitting his head against walls. He’s been hitting himself."
While Jesse slowly recovers, a phone call from a detective reopened the wounds for Tiffany Griffin.
"They're saying they're not picking up any type of charges whatsoever," Griffin said.
The Marion County Prosecutor's Office announced it will not be filing charges against the owners or employees of Kiddie Garden daycare.
"My message to the daycare is, 'Y'all need to shut down or I'll make sure the community shuts you down,'" Griffin said.
Griffin said she picked up Jesse at Kiddie Garden and heard his screams from the sidewalk.
She said a daycare worker told her that another child injured Jesse, but Griffin doesn't believe it.
Prosecutor Terry Curry said the evidence did not warrant charges, and said the child's injuries were consistent with daycare staff members' account of the events.
Attorney Ralph Staples said the lack of criminal charges in the case means something was missing.
"It's just not enough to say the child went in fine and came out bad," Staples said. "You've got to be able to argue, prove, show through some evidence that what happened was the result of an action or inaction by the facility."
Even without criminal charges, the Indiana Family and Social Services Administration said the daycare location will remain closed because there was a lack of supervision, along with other issues.
"Karma always catch up, because he's innocent. He didn't deserve this. Whether it was a 2-year-old or whether it was you, hopefully you come forward," Griffin said.
A daycare worker who was on duty at the time of the incident has been fired. Officials said the worker cooperated with investigators.
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