Mackenzie Scott tells PEOPLE she was sitting at her local nail salon in Arkansas with her mom and sister when she noticed a woman nearby holding her baby while getting dip powder nails.

Cody Simmons has undergone two open-heart surgeries and wasn't expected to live past his first birthday, but he's defying the odds and is now thriving.

The deal calls for no jail time. Police said video shows the employee at Hopeful Beginnings thrust the child before slamming the 1-year-old girl to the ground.