Indy day care where 1-year-old was beaten to remain closed after no criminal charges filed

INDIANAPOLIS, Ind. – No criminal charges will be filed after a 1-year-old boy was beaten at an Indianapolis day care in April.

"I'm not stopping until justice is served for my son. My son cannot walk. He can not talk," said Jesse's mom Tiffany Griffin.

The Marion County Prosecutor’s Office reviewed the case involving the 1-year-old, who had cuts to his face after the April 30 incident at Kiddie Garden day care at 38th Street and Oxford. The boy's mother, Tiffany Griffin, says she learned that no charges would be filed after the review.

"These scars that our family has to deal with every time we look at him. No one is being held accountable," said Griffin.

Griffin said she picked baby Jesse up from the facility and noticed his injuries. The staff told her that another child had injured him, but Griffin didn’t believe it. Curry confirmed evidence didn't warrant charges and the child's injuries were consistent with the staff's account of events.

"He is traumatized and he has been hitting his head against walls. He has been hitting himself. He has been crying," said Griffin.

The worker on duty at the time was fired, and the Family and Social Services Administration ordered the daycare closed on May 2. The worker cooperated during the investigation, Curry said.

The FSSA also found several violations at the facility following an inspection, including lack of supervision, no drug screen completed for a caregiver and child abuse not immediately reported by a caregiver.

The FSSA says the decision to not file criminal charges does not have any impact on their decision to close the facility.

"FSSA closed the child care due to a lack of supervision. That situation existed whether there are criminal charges or not so it will remain closed. The owner has the right to apply for a new license, but today’s announcement has no impact on the closure," a spokesperson said.

Baby Jesse was discharged from the hospital and has been able to return home, where he continues to recover.

"My message to the daycare is that you all need to shut down or I'm going to make sure that the community shuts you down," said Griffin.

Curry issued the following statement:

"Based on the investigation including medical review, statements from all parties, and cell phone records, the evidence does not support a criminal charge based on Indiana code. A medical expert confirmed that the child's injuries were consistent with having been inflicted by another young child. The child was reportedly placed in a safe sleeping environment in the same room as an age appropriate child and checked on by the employee periodically. The daycare employee who was responsible for the child's care has cooperated in the investigation.

"Further, we understand this matter is under investigation by the Department of Child Services and will continue to work with that agency as requested."

Griffin told FOX59 the justice system failed her child.

Attorney Ralph Staples says the lack of criminal charges in the case means something was missing."It is just not enough to say the child went in fine and came out bad. You have to be able to argue, prove, and show through some evidence that what happened was the result of an action or inaction by the facility," said Staples.

Staples says the decision doesn't come down to truth but what you can show in the case.

"So often we tell people that criminal trials so often aren't about the truth or about what really happened but it's about what the government can try to prove within the confines of the rules and the constitution," said Staples.

The Kiddie Garden location at 38th and Oxford is still shut down. Baby Jesse's family tells us they plan to keep it that way.

"Karma always catch up because he is innocent and did not deserve this. Whether it was the 2-year-old or you, hopefully, you come forward," said Griffin.

The owner of Kiddie Garden Daycare did not want to comment on camera but tells us they are working on a statement.

Baby Jesse's family can now look into filing a tort claim against the daycare.