Joshua and Alicia Marbury of Oregon became concerned about their one-year-old son’s black eye when he was with the babysitter, 27-year-old Markell Hilaire. The baby had been left in Hilaire’s care for only an hour before the couple discovered his black eye. The following morning, after having been in charge of the infant, the couple rushed him to a hospital and filed a police report to let everyone know that they intended to pursue legal action against Hilaire.

The parents left their infant in Hilaire’s care while they went on a date. The pair had only gone out to seek some time alone. Because he has power as a babysitter, Hilaire took out his fury on the youngster. When the parents returned home, Hilaire was sleeping while their child was screaming in agony. The couple paid Hilaire and sent him away because no marks were visible on the baby’s body until the next day, despite this.

The Sherwood Police Department became involved in the situation. According to a KATU News story, they alleged that it was obvious that the nanny was to blame. A detective looking into the matter went so far as to claim that the injuries might have been fatal for the infant. Then, Hilaire confessed to assaulting Marbury, according to a New York Daily News interview with him.

According to some reports, Joshua is acquainted with Hilaire. After more than three months of inaction on the part of law enforcement, he was finally arrested Friday. However, owing to a 2012 Oregon Court of Appeals decision that said the victim must be able to describe the assault in order for charges to be filed against him, Hilaire’s charges were ultimately dropped. Even though the one-year-old infant had a black eye and other injuries as a result of abuse, he was unable to talk, thus prosecutors were forced to drop the charges.

That’s when Marbury went on Facebook to express his outrage about the abuses his kid had to suffer.

“TWO months ago if not longer, my one-year-old son was smacked across the right side of his face by our babysitter (keep this person anonymous) to the point where MULTIPLE doctors (who in fact showed us handprints) and the detective said it could have killed him. After several days if not a week of being distracted at my job (only commission sales job and only source of income), we had a confession from the abuser saying they did it. STILL, this person was not arrested because they had to build a case and a jury to find him guilty BEFORE they go to jail.”

“Side note if I’m not mistaken (if I strike a person in the face and the cops were called, I would be put in handcuffs immediately). After TWO months of waiting, we only find out that charges are dropped BECAUSE my one-year-old cannot tell you verbally he was abused, and my son did not show he was in pain OR that this person “intentionally” did this. I am SO furious that I’m not using profanity, HOPING something is done, and this goes viral.”

The couple has yet to receive justice, and baby Jacob has been harmed. When his parents are gone, he screams.