WEBVTT FELIX CORTEZ WAS LIVE THERE RIGHT NOW. FELIX: THE CONCLUSION, NO CRIMINAL CHARGES WILL BE FILED AGAINST AN EMPLOYEE HERE AT THE DAYCARE KNOWN AS TINY TOTS UNIVERSITY. THE ACCUSATIONS CAME TO LIGHT BACK IN MARCH, AN EMPLOYEE AT THE CITY RUN DAYCARE CENTER IN THE OLDEMYER CENTER ACCUSED OF TOUCHING A 4-YEAR-OLD STUDENT IN A SEXUAL MANNER. PROSECUTORS SAY THE CHILD AND SEVERAL CLASSMATES WERE INTERVIEWED BUT IN THE END THE EVIDENCE WASN’T ENOUGH TO FILE CRIMINAL CHARGES AGAINST THE ACCUSED. >> YOU CAN’T EXPECT A FOUR-YEAR-OLD TO TAKE THE STAND IN A JURY TRIAL. AND BE CROSS EXAMINED AND CONVINCE 12 PEOPLE OF SOMETHING. YOU ARE GOING TO HAVE TO HAVE MORE EVIDENCE THAN THAT. FELIX: ANOTHER FACTOR GOING INTO THE DECISION, INVESTIGATORS COULDN’T DETERMINE WHEN THE ALLEGED INCIDENT HAPPENED AT THE TINY TOTS UNIVERSITY DAYCARE, BUT THE FINAL DECISION RAISES THE QUESTION WHEN SHOULD PROSECUTORS TAKE THE WORD OF AN ACCUSER, ESPECIALLY A TODDLER, ? >> I UNDERSTAND THAT FRUSTRATION. WE DEAL WITH THAT A LOT. THERE ARE MANY TIMES THAT WE THINK, THIS MAY HAVE HAPPENED. WE HAVE TO BE ABLE TO PROVE IT. WE HAVE TO BE ABLE TO PROVE IT TO 12 JURORS AND I’LL HAVE TO AGREE. FELIX: TODAY’S DECISION DOESN’T PREVENT THE CHILD’S PARENTS FROM FILING A CIVIL CLAIM AGAINST THE EMPLOYEE OR THE CITY. TODAY THE CITY MANAGER CONFIRMING THIS AFTERNOON THAT EMPLOYEE NO LONGER EMPLOYED BY SEASIDE. KSBW ACTION NEWS