Day Care Controversy

A woman in Bainbridge, Georgia is trying to get some answers after pressing charges against a local daycare center. She claims her child's mouth was taped over with duct tape in October, and the woman says state prosecutors are doing nothing about it.

The woman called Eyewitness News, but her attorney recommended she not talk to us on camera; he fears it would harm her case. Right now there is not a criminal case. State prosecutors say there's not enough evidence for charges to be filed.

Rosetta Jones of Bainbridge, Georgia left her children's safety in the hands of Mother Goose Day Care Center. That's until her three-year old son told her he had been tied up with duct tape taped over his mouth by two employees.

Mother Goose Day Care is denying the accusations.

"Mother Goose Daycare denied to comment today and will make an official comment on Wednesday,” said Harris.

Tom Brantley, the attorney for Mother Goose, says they're conducting their own investigation hoping to wrap it up today.

“The two employees accused in this case have been suspended pending the outcome of the investigation."

Brown Moseley with the South Georgia Judicial Circuit says there are no plans to prosecute the two employees.

"The evidence gathered from investigation does not amount to a crime. In order to charge someone with cruelty to a child you must prove excessive cruelty and mental pain and this case doesn't meet that level."

The child's mother disagrees and wants the employees at the day care center to be criminally charged. She says maybe it will keep another mother from going through what she's going through right now.

The South Georgia Judicial Circuit says the actions of the two employees would certainly be considered inappropriate for a day care center, but they say the evidence does not reach the level of charging someone with a crime.

Investigators say there is no surveillance video.