Wake County District Attorney Lorrin Freeman told ABC11 on Monday that the incident was a tragic accident and the DA's office will not pursue charges.
Officers were called to the Hug A Day Daycare in the Fox Hollow neighborhood May 29.
By the time they arrived, they said it was too late to save Aeron Ellington who had a piece of a pine cone in his mouth that was blocking his airway.
The daycare has closed since Aeron's death.