Twin Falls police said they are still investigating the July death of toddler Brendan Becker, after his parents received a $1.06 million civil judgment against the day care where he stopped breathing.

No one has been charged with a crime since 15-month-old Becker died on July 5 at a Boise hospital. He stopped breathing two days earlier at Happy Feet Day Care in Twin Falls, according to Becker’s parents.

The boy allegedly stopped breathing while he was unsupervised in a car seat, which was left in a play pen.

“There’s no doubt this baby was strangled by a car seat,” said the parents’ lawyer, Robyn Brody.

And the day care neglected Becker on only his second time there, according to Becker’s parents, who are requesting criminal charges be filed in their son’s death.

Twin Falls police did not offer a timeline Tuesday for their investigation, though it remains an open case.

Becker’s mom, Shyloh Masuo, and his dad, Joshua Becker, both of Kimberly, filed the lawsuit against Happy Feet and owners Gloria Galan and Julio Silva on Aug. 11.

The defendants were absent from Monday’s default judgment hearing in court. They did not file a response to the lawsuit and could not be reached by the Times-News for comment.

A spokesman for the police department, Lt. Craig Stotts, declined to say Tuesday if charges are likely. “The investigation is still ongoing,” he said.

And Twin Falls County Prosecutor Grant Loebs “doesn’t file charges when the police are still investigating,” he said Tuesday. Loebs will file warrants in the case if that is the direction that police take with it, he added.

Idaho Department of Health and Welfare spokeswoman Emily Simnitt said the day care’s license was suspended days after the incident, and remains suspended. Under Idaho law, day cares that take in six or fewer children are not required to be licensed by the state.

Criminal charges couldn’t come soon enough, though, for Becker’s mom, she said Tuesday.

“They want to call it an accident, but I don’t know, I’m outraged,” said Masuo. “A child is put in someone’s care and this is what happens? It’s not right.”

Masuo said she feels police inappropriately interrogated her and Becker’s dad after the death, though she has received few updates from them on the criminal investigation.

“We can read the law books ourselves, if anything, a neglect charge wouldn’t be that difficult to prove,” said Masuo. “I’m not trying to rag on anyone, but it just doesn’t seem right.”

Stotts declined Tuesday to comment on the concern from Becker’s mom. “I can’t speak for her.”

Masuo says that nothing will ever make up for her loss.

“I filed a lawsuit because I didn’t think any criminal charges would be pressed,” she said. “I want them to be.”

Andrea Jackson may be reached at ajackson@magicvalley.com or 208-735-3380.