No Criminal Charges Will Be Filed on Behalf of the Baby Who Was Beaten at Daycare

After a 1-year-old was beaten at his daycare in Indiana, prosecutors announced that they will not be filing criminal charges against anyone. Baby Jesse Harris IV had to spend two days hospitalized after Kiddiegarden daycare employees claim a 2-year-old child hurt him — and not an adult staff member.

"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," prosecutor Terry Curry said in a statement. "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."

Despite the lack of charges, Curry added that the case is still under investigation by the Department of Child Services.

Baby Jesse day care
Tiffany Griffin/Facebook

But based on the severity of his Jesse's injuries, his family doesn't believe such a young child could have been the one to cause them. In a video on Facebook, Jesse's mom, Tiffany Griffin, questions why more tests, including DNA and drug screenings, weren't done to see if it was an adult who did this. Instead, she fears the true culprit is getting away with it because the victim and witnesses are too young to speak.

"Welcome to America where a one year old baby can be beat, and no one is held accountable," she wrote on Facebook after the announcement. "America you have no soul, our children are doomed. You're not to be so blind with patriotism that you can't face reality. Wrong is wrong, no matter who does it or says it. Ignorance, allied with power, is the most ferocious enemy justice can have. But I won't rest till I get justice for my son. By any means necessary. #JusticeForBabyJesse."

Baby Jesse day care
Tiffany Griffin/Facebook

The incident occurred on April 30 when a 22-year-old employee reportedly called Griffin to pick Jesse and his brother up early. Griffin told Fox 59 that she could hear Jesse screaming as soon as she arrived and admits to punching the 22-year-old unnamed employee after the employee blamed her son's injuries on a 2-year-old child. 

"It's no way a baby, a 2-year-old and that baby was small and she didn't look like she was the violent type and her mom said she wasn't the violent type," she said. "She didn't even call the owner. She didn't call the police, she didn't call the ambulance, she didn't call nobody."

Haben Ghebremichael, Kiddiegarden's owner, told the Associated Press that the little girl who allegedly attacked Jesse was found with blood on her hands. She also said that by the time the employee was able to separate the pair, the injuries had already been inflicted.

According to Fox 59, the employee has since been fired. Family and Social Services Administration also closed the facility "due to a lack of supervision" and it's unclear whether they will eventually reopen now that criminal charges won't be filed.