The Callaway County prosecuting attorney's office is urging Fulton Police Department officials to change body camera procedures following a recent child abuse investigation.
Assistant Prosecuting Attorney Benjamin Miller sent a letter March 20 to Fulton Police Chief Steve Myers about why Miller decided to not file charges in the case.
In the letter, Miller said he did not have enough information to prosecute.
"Given the lack of corroborating evidence, there is simply no evidence to implicate one of the caregivers over another," he said. "While some of this is to be expected in any child abuse investigation, there are some concerns I have regarding how the initial response was handled."
In the letter, Miller said the initial police interview with the child care provider "was not conducted in a manner that reflected the seriousness of the event that was occurring."
Additionally, the Fulton police officer who first responded to the scene had a working body camera, but failed to turn it on, Miller said.
On Dec. 12, a 3-month-old was rushed off in an ambulance from a Fulton day care, after which a physician concluded he had suffered abusive head trauma. The child has recovered, but his eyesight might have been damaged and he must now take seizure-preventing medication, the boy's mother said.
A Callaway County Sheriff's Office deputy who happened to be nearby also responded after hearing about a medical emergency involving a child. He was not involved in the investigation, did not have a body camera and only helped with scene security and attempts to reach the boy's family, Sheriff Clay Chism said.
The child's mother said she's seeking legal counsel and intends to file a lawsuit.
The FPD and Miller did not respond to requests for comment for this story.