Oswego Police squad

(WSPYnews.com photo by Mark Harrington).

The Oswego Police Department says that the facts surrounding a fight in the drive-through of the Portillo's restaurant on Route 34 last month don't support criminal charges against either party involved. The fight involved an eighteen-year-old employee, who police describe as black, and a 48-year-old customer, who police describe as Asian.

Police say their decision, with the Kendall County State's Attorney's Office's advice, is based on contradictory statements on what happened, a lack of video evidence of the start of the fight, and that both people involved were acting aggressively towards each other. Police also say there is no indication that the fight was racially motivated.

Video taken of the fight was spread on social media and appeared to show the customer pinning down the employee, while onlookers yelled in the background. The employee was taken to a hospital for treatment. Police said the customer involved was willingly interviewed by police.

There was a large protest at the Oswego Village Board meeting days after the fight, where members of the employee's family demanded justice and wondered why the customer was never arrested.