KTKA

Topeka — Shawnee County District Attorney Chad Taylor is not filing any charges in the case of George Burks III. The infant died last Oct. after being run over by a car.

The infant's grandmother Katie Richardson-Patterson feels justice has not been served.

"They ran over my grandson. They hit my other grandson from behind when they were backing up. And then they left a scene of a crime. Something in there should cause for something," Patterson said.

The infant's aunt Kawanda Richardson said district attorney Chad Taylor told her that the boy's father, George Burks junior, was not a credible witness because he changed his story several times, gave police a false name, and had previous run-ins with the law.

"I don't care what my brother use to do, what my brother did before this happened," Richardson said. "I don't care what my brother did after this happened. At that point in time, a little after 5 p.m. on Oct. 12, my brother was a father holding his son. That's all that should matter."

A statement form the D.A.'s office says nothing about non-credible witnesses.

Instead, Taylor says it was a lack of an identifiable suspect and available evidence that forced him not to press charges.

The family can't help but wonder if race is impeding their fight for justice.

"If the roles were reversed, can anybody listening to this honestly say, if that was a white baby and a black guy that the outcome would be the same?" Richardson said.

The family plans to contact the NAACP to help raise awareness about this case.

49 News contacted the D.A.'s office, but the D.A. declined to do an interview.