MURFREESBORO, Tenn. (WKRN) - A mother wants action after she says her two-year-old son was beaten almost six months ago with nothing being done about it.
There are questions about who hurt the little boy.
"He can't speak; I have to be the voice for son," Brittany Lee said. "My family is trying to the best for my son. They want justice just as well as I do."
Lee has taken her son's story to social media with the hashtag, #JusticeforHero.
"He has marks, he has bruises," the mother said. "He has fist marks on his lower back. He has blood blisters all over his bottom. It was definitely more than just a spanking, my son was severely beaten from the middle of his back, all the way down his bottom, his legs."
Her son, Hero, who will be three in September, was at his baby sitter's home on February 5.
The mother said she was contacted by the babysitter claiming she left the two-year-old and his four-year-old brother with her 14-year old step-daughter for a short time.
The babysitter and her husband claim the 14-year old spanked the toddler for having an accident in his pants, but Lee is not buying that story, claiming DCS suspects the husband.
News 2 chose not to name them since no one has been charged.
"I know that the woman; I know she would never hurt my kids," Lee said. "I trusted her fully, I still do. I haven't talked to her since then, but I know she is a good woman and she wouldn't do that. Her husband, on the other hand, is a different story."
Murfreesboro police spokesperson Officer Amy Norville told News 2, investigators were not able to get enough information to clearly identify the person who is responsible for abusing the two-year-old, therefore, they were not able to prosecute.
The mother is now angry.
"If a husband beats a wife, he's going to jail that day," Lee said. "My son was beaten and six months later no one has been arrested."
Lee is only working part-time now so she can be home with their three children. She said she has lost faith in babysitters.
"I don't trust anybody with my kids; I will not leave them with anybody," she said.
Lee said she hasn't heard from police since she filed a child abuse report.
Late Monday afternoon, a detective called her and said he has done all he can, but he is still working hard on the case.
The detective told the mother the DA has suggested arresting all three, the babysitter, the husband and the 14-year old, but he's awaiting final word from the DA.
News 2 reached out to DCS about the case and DCS Communications Director, Rob Johnson said, "Under the circumstances and given the claims that are being made to you, I somewhat wish I could go into detail, but of course, the confidentiality laws prevent me from doing so.
It's not like court files or police records: I cannot look up people's past histories and tell reporters the names and details regarding those whom DCS has investigated.
If the evidence in a case was serious enough to warrant criminal charges, that decision would be made in coordination with the local Child Protection Investigative Team, which includes DCS, the child advocacy center, local police and the district attorney general's office.
For DCS to substantiate someone as a child abuser, the department must have evidence that it's more likely than not the abuse occurred. (Substantiations are not publicly disclosed.)
The burden of proof is higher for a criminal charge: Beyond reasonable doubt. That is the standard that police and prosecutors must meet when they arrest someone, then try him or her in court."