YUBA COUNTY --
No Charges will be filed in the death of Tyler Huston, the boy was mauled by three pit bulls while staying with his half sister.
On January 3, the 9-year-old was left alone when 24-year-old Alexandria Griffin-Heady went to work. Griffin-Heady's attorney told FOX40 she had been working with CPS to adopt Huston, and that she always made sure the boy was safe.
"I promised him I would be there. I promised him God himself couldn’t take him away from me, that I'd always be there for him and it breaks my heart that I wasn't," Griffin-Heady told FOX40.
The investigation focused on the behavioral history of the dogs as well as the behavioral interaction between Huston and domestic animals.
"Accordingly, a criminal jury would be unable to unanimously agree that [Huston's] death was was the result of criminal negligence. Given these conclusions, prosecutors are ethically obligated not to proceed with a criminal prosecution."
Tyler’s father, John Huston has filed a claim against CPS, who had custody of Tyler. His attorney Moseley Collins, said that he understands the D.A.'s decision in the criminal case, but his client is looking to correct a system that failed his son.
"There's nothing good that will come of this, except if we can change the system to help the children still alive and in the system. Some of the best and brightest of our children are in that system, and we have to change it, we have to hold that system accountable," said Collins.
Griffin-Heady may now be free from the looming threat of prosecution, but she says it’s a different kind of prison she exists in, now haunted by what could have been.
"It's the absence of the memories that didn’t exist yet but that we saw, our future starting, and now they’re gone," she said.