The city prosecutor’s office said no.
Now, a mother and father are hoping for a different answer from the state attorney general.
The Valientes are searching for justice for their son, Peyton, who they believe suffered life-threatening injuries while at an Ewa Beach day care operated by the wife of a recently retired Honolulu police officer.
The incident occurred in January 2015, when he was 17 months old.
Since then, the Honolulu Police Department has apologized to the family, saying the initial investigation was poorly done.
The department tried to get more evidence, but prosecutors said that wasn’t enough.
We’re told Attorney General Douglas Chin previously said he couldn’t take over the case because HPD was still investigating.
The department says it’s now handed the case over to Chin’s office.
The Valientes, with the help of Sen. Will Espero, D, Ewa Beach, are asking Chin to take over.
“A little boy was assaulted, and the assailant has not been brought to justice. The assailant is still out there,” said Espero.
“It’s something we feel should be done. There shouldn’t be any reason for it not to,” said Peyton’s mother, Chelsea Valiente.
Chelsea Valiente says HPD tried one last time to get more evidence in the case, but the day care workers had already retained lawyers.
“It’s not just frustrating, but very disappointing, especially to know we could have had a different outcome had the initial investigation been done properly,” she said. “The apology might be a little too late. We’d rather see results than an apology. We’d like to see more done.”
April is Child Abuse Prevention Month, another reason for the Valiente family to press for justice. Peyton is now three and a half years old.
“(Peyton) is busy and active, and we believe this is a case super close to home regarding Hawaii’s keiki,” Espero said. “We’re asking the attorney general to pursue this case as far as he can using his resources and his office.”
A spokesman for the attorney general’s office says the case is under review, but could not comment further.