EXCLUSIVE: Parents devastated over state attorney's decision not to file charges in student dragging case

The parents of a student dragged in school say they plan to continue fighting after the State Attorney's Office declined to press charges against two school employees.

"It’s tough to swallow, especially when you know there’s injustice going on." 

Kevin and Marian Findley say criminal charges should be filed against two school employees caught on video dragging their 6- year-old son, Kevin Jr. 

According to a Lake County School District report, a dean and guardian committed the act two different times in February and March. That same guardian was also caught on video four different times lifting the child by his pants.

Marian says, "I lost all hope in the justice system. How could it be no charges? I mean you see the video."

Investigators in the State Attorney's Office said in the report, "While the intentional touching of the child against his will may have been a violation of school policy, school staff, it does not rise to criminal battery." 

A school district spokesperson says since both employees resigned they couldn’t penalize them.

Kevin says, "To hear them say no criminal charges. They could if they wanted to. But instead, they’re hiding behind policy."

The report also states the child was aggressive, scratching and kicking others. He was removed for behavioral issues.

Investigators  concluded, "The State Attorney’s Office will decline to file any criminal charges in this matter." 

Marian says important pieces of the investigation were left out. 

"The guardian in his own words said he did what he did. And that it was wrong." 

Kevin says, "We’re still going to pursue justice with the help of our attorney."  

The couple plans to remove their son from Eustis Heights Elementary School.