Eyewitness News obtained video, showing 3-year-old Teyshawn Young just a few months before his death.
Donald Giberson took the video and although he didn't want his face shown, he wants his story told.
He says little Teyshawn was like a nephew to him, and his girlfriend and would take the 3-year old for weekends, even longer sometimes.
In July when they saw cuts and marks on Teyshawn's face, and they got concerned. Giberson says they didn't call DYFS, but someone did.
"If they would have looked into it.... Maybe this could have been prevented," he said.
DYFS confirms to Eyewitness News, the agency did make a home visit to check on Teyshawn on September 15. Despite the marks on his face, the case worker decided the allegations of abuse were unfounded. Five days later Teyshawn was found dead in his bed.
Corey Fitzgerald, who was living with Teyshawn and his mother has been charged with aggravated manslaughter. The child died from blunt force to the stomach and injuries to his face.
His mother, Tara, now says Fitzgerald was hitting her too, but she never thought he would hit her little boy.
But Giberson says DYFS should've known and that could've made the difference in the world. "If they had looked into it further like they were supposed to do, maybe his death could've been prevented," he said.