INDIANAPOLIS (AP) - A prosecutor won't file charges in an attack at an Indianapolis day care that left a 1-year-old boy's lips and face scratched and swollen.

Marion County Prosecutor Terry Curry said in a statement Thursday that the evidence doesn't support a criminal charge.

The owner of the Kiddiegarden day care has said a 2-year-old girl attacked Jesse Griffin April 30. His mother, Tiffany Griffin, says a worker at the day care told her another child attacked her son, but she didn't believe it. 

However, Curry says a medical expert confirmed Jesse's injuries were consistent with having been inflicted by another young child. He says the children were in a safe sleeping environment when it happened and that a worker was checking on them periodically.

"I'm not stopping until justice is served for my son," Griffin said. "My son cannot walk. He cannot talk. And I'm not stopping." 

Curry says the Department of Child Services is investigating. State officials closed down the day care in the days after the attack, citing a lack of supervision among other reasons. 

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