By Rick Ritter

BALTIMORE (WJZ)–A lack of answers and growing anger.

Police say the man who caused an accident that killed 1-year-old Jermiah Perry is on the loose.

Jermaih Perry

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The case raises serious questions about whether Baltimore City and County officials and whether police and prosecutors were all communicating properly.

WJZ’s Rick Ritter has the latest.

Just hours after the crash that killed a 16-month-old infant, Wayne Green Jr. managed to slip right out of Shock Trauma.

The victim’s family is not only demanding justice, but now answers.

“I’m very outraged, someone should have been there guarding him at all times,” said Chrystal Perry, the victim’s grandmother.

Green was fleeing police Sunday night after he hit an officer in Baltimore County, before causing an accident in the city that left little Jermiah Perry dead.

Sources tell WJZ the 38-year-old was first accompanied to the hospital by a Baltimore County officer, then by a city officer. Some are now pointing the finger at Baltimore County, who could have charged Green initially.

wayne green

Ritter: “Why not charge him with the hit and run, would which have kept him in police custody?”

“We would have charged him with the crimes that occurred in Baltimore County, if the baby had not been killed,” said Elise Armacost, Baltimore County Police.

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Armacost says that when you cross over jurisdictions and a more serious crime occurs, the investigation shifts.

Ritter: “Somebody is at fault here, who dropped the ball?”

“Well what we have here is a situation where this person was not charged because of the nature of this vehicular homicide case, as a result of that he was not being held in the hospital, he was released from the hospital,” Armacost said.

“Obviously he has no remorse what so ever over killing one year baby,” Chrystal Perry said.

City police say they were waiting for charges from the State’s Attorney’s Office while Green was hospitalized and didn’t have a right to detain him any longer.

“Baltimore Police didn’t have a right to detain Green any longer than we could at that point in time,” said Baltimore Police spokesperson, T.J. Smith.

In a statement, the State’s Attorney’s office says they worked quickly and closely with police but for now the whereabouts of Green are still unknown.

Green has a lengthy criminal record. He pleaded guilty 14-years-ago to homicide by motor vehicle and driving drunk.

Shock Trauma says their policy is if someone is not in police custody and medically able to be discharged they have no reason to detain them.

Baltimore County says they won’t issue a warrant and charges for Green until after he’s apprehended to make sure it doesn’t interfere with more serious charges he’s facing in the city.

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No one answered the door at an address listed for Green in east Baltimore. Neighbors tell WJZ off camera that despite the tragic circumstances, Green was a nice man and well liked in the community.

Rick Ritter