The death of one-month-old Aiken Starks shook his mother’s family five months ago.

And now that they know charges won’t be filed in his death, baby Aiken’s maternal grandmother, Lucressie Kilpatrick said she’s devastated.

“It’s a homicide. I can’t say it no other way,” Kilpatrick said.

In a letter from the state attorney’s office, authorities said the one-month-old died from shaken baby syndrome. He was staying with his father’s family. But because of the inconsistent statements from young children caring for baby Aiken when he died, it was impossible to press charges. Kilpatrick said that’s not acceptable.

“My plan is to take it all the way to the Supreme Court if that’s what I have to do, she said. “I will be Aiken Starks’ voice. Before he was born he didn’t even get a chance to live.”

Baby Aiken was described as a happy child, full of life, taken from this family too soon.

“He was like he’s been here before,” Kilpatrick said. “Like he’s a little angel. That’s what he was, a little angel. And he touched many people in the short time he was here.”

And that’s why this grandmother said she isn’t giving up and doesn’t plan on stopping until justice is served for her grandson.