FUQUAY-VARINA, N.C. – No criminal charges will be filed after a man said his son was injured while in the care of a Fuquay-Varina day care, officials said.

Agustin Luna said his 4-year-old son, Agustin, came home May 13 with wounds on his face.

Luna said his two sons drew on each other’s faces the day before the incident. He said he attempted to remove the marker but couldn’t.

He explained the markings to the boy’s teacher at Little Angels Preparatory School the next day.

When he picked up his boy from the school, he took his son to the hospital and called police.

Following an investigation by Fuquay-Varina police, the Wake County District Attorney’ Office declined prosecution.

Officials said the boy sustained injuries that were not related to the day care or physical abuse anywhere else.

“We caution everyone to avoid forming opinions about a case until all facts come to light,” said Chief Laura Fahnstock. “The Fuquay-Varina Police Department follows the facts, wherever they may lead. In this case, the facts did not lead to criminal charges as there was no evidence of child abuse.”

According to the North Carolina Division of Child Development and Early Education, the day care has no known prior issues.