Prosecutor won't file charges in assault on 1-year-old at day care

Marion County Prosecutor Terry Curry said Thursday that no charges will be filed in the assault on a 1-year-old at a north-side day care.

“A medical expert confirmed that the child’s injuries were consistent with having been inflicted by another young child," Curry said in a statement emailed to IndyStar.

Indiana child welfare officials closed KiddieGarden, 1853 E. 38th St., after Indianapolis mother Tiffany Griffin said her 1-year-old son, Jesse Harris IV, was severely beaten there on April 30.

Griffin posted a Facebook Live video (contains explicit language) showing her son's injuries.

"I'm upset," Griffin said in a Thursday text message to IndyStar. "If we were business owners, they would have helped. If it was me (who injured Jesse), I would have been arrested."

Investigators, Curry said, reviewed medical reports, witness statements and cellphone records.

Jesse, Curry said, had been in a "safe sleeping environment in the same room as an age appropriate child" when he was injured.

A day care employee periodically checked on the children, he said.

"The evidence does not support a criminal charge based on Indiana code," Curry said.

Family and Social Services Agency spokeswoman Marni Lemons said the agency closed KiddieGarden for "lack of supervision."

It remained closed on Thursday, but Lemons said the owner has the right to apply for a new license.

Attempts to contact KiddieGarden's owner on Thursday were unsuccessful.

Griffin said she does not believe the child who was left in the room was capable of causing her son's injuries.

The boy's father, Jesse Harris III, expressed his anger in a text message.

"Welcome to America where a 1-year-old baby can be beat and no one is held accountable," Harris said.

"Wrong is wrong, no matter who does it or says it."

Call Star reporter Vic Ryckaert at (317) 444-2701. Follow him on Twitter: @VicRyc.