LAS CRUCES, N.M. - Bobby Gutierrez's daughter's case never went trial. Now, he's started an online petition asking the District Attorney Mark D'Antonio to step down from his position.
"He was always a good teacher, until this happened, and I still don't know why he does this to me, or did this to me," his daughter said.
"We felt like they gave up on this case," Bobby Gutierrez said.
Bobby Gutierrez is angered by the district attorney's decision to not prosecute his daughter's teacher on charges he allegedly molested her.
Jesus Solis was his daughter's fourth grade teacher at Desert Hills Elementary School. Last year, Solis was charged with 52 counts of criminal sexual contact of a minor.
In May, he agreed to change his plea to four counts of misdemeanor battery.
He could have potentially faced decades in prison had he been convicted, but he was probation.
"I think they dropped the ball, first and foremost I think that's what happened," Gutierrez said.
Following the decision, District Attorney Mark D'Antonio, said there was a lack of evidence in the case.
"The District Attorneys office said there was insufficient evidence in the case, police department are saying they were disappointed, they wish they had seen more. Well, you got two different people saying two different things here. What's the issue?"
As a result, Gutierrez has started an online petition, asking D'Antonio to step down from his position.
"He needs to resign his position. He has shown us time after time after time that he is incapable of prosecuting solid cases, there was a lot of evidence in this case and they just didn't prosecute it," Gutierrez said.
Gutierrez plans to rally support from other members in the community in the coming weeks.
He says it's the only option he has left in order to gain justice for his daughter:.
"We want someone to be held accountable for what happened to our little girl."
Abc-7 reached out to D'Antonio for comment on the petition, but all attempts to speak to him were unsuccessful.