The couple, that has chosen not to be identified for the safety of their daughters, says that the situation that occurred on Sunday afternoon, could have been avoided.
8 months ago, the couple filed similar charges against Fought, stating he molested their daughters.
After hearing of the incident that happened on Sunday, they decided to look into their own case.
They were told today that their file was "somewhere" but could not be located at this time.
The mother says that Eastland Police told her, the Texas Rangers took over the case.
The Texas Rangers said they were never asked to look into the case.
The Eastland County District attorney said he wasn't made aware of the two pending cases until this morning.
Clayton Fought's mother said that her son has never been questioned in any other investigation.
The couple believes that if their case was followed up on, a 12 year old girl, would not have had to spend her birthday recovering in a hospital.