Edit:  As I'm eating honey roasted peanuts and staring straight at the label that states 'Do not give to children under 4 years of age.'


Immediately find the State's Attorney / DA for your region and ask to speak with a prosecutor.  The prosecutor will review the file - so you can be more prepared and understand what position the State is taking on this matter.


If the State chooses not to pursue criminal charges - it's unlikely you can get them to change their mind.


However, civil court is widely open for you to pursue - but at your own expense.  And the court costs would be outrageous.  In the end - a civil case like this a lawyer would be looking for any financial instrument or insurance to get cash out of when the case is won.  Or someone's assets.  But if there's no insurance and no assets to be gotten - then there's much less motivation for a lawyer to take a civil wrongful death case; a long case.


But, there is one exception - Renter's insurance.  If this is an apartment and there's renter's insurance on it there could be a coverage for 'Personal Liability.'  And, what I've seen typically, is personal liability limits are in the hundreds of thousands of dollars.  The problem is a Renter's Insurance claim cannot be executed against the insurance policy holder *if* the policy holder is injured.  But, if it's a minor - a baby - I seriously doubt that falls under the same classification and the policy may well be claimed against in this case - if the case is won.


(I went through an issue of somewhat similar circumstances, but less severe consequences.)