The Oswego Police Department announced today that it has completed a case review with the Kendall County State’s Attorney’s Office regarding the investigation of the incident that occurred on Sunday, May 16, 2021, in the drive-thru of the Portillo’s restaurant in Oswego.
“Based on this case review, along with information obtained during the investigation which included numerous interviews and the review of several videos and statements, the following has been determined:
- There is no video that shows the beginning of the event,
- Statements by the involved parties and witnesses offer a contradiction of events,
- Multiple statements indicate the employee told the customer to exit his vehicle,
- Witnesses confirm, and both parties admit that they were verbally and physically aggressive towards each other, and
- Neither party involved indicated that any racial remarks were made by either party towards the other, nor that any actions were racially motivated.
“Based on the facts known and a review of the investigation with the Kendall County State’s Attorney’s Office, the facts of the case do not support criminal prosecution of either party.
Police Chief Jeff Burgner commented, “the Oswego Police Department has remained committed to conducting a thorough investigation to ensure we obtain all information made available in order to have a complete understanding as to what occurred during the incident. We appreciate the patience of the individuals involved in the incident as well as our community while we conducted our investigation.”