A first responder called a child by a racial slur and spat on him at an Overland Park Hooters Monday night, witnesses and the victim's family told police.
Overland Park police said Friday that the suspect, who was not named, will be charged.
Sgt. John Lacy, a police spokesman, confirmed the suspect is a first responder. Though he did not say which agency the suspect works for, he said the person did not work in Kansas.
Police responded the night of the incident on a report of battery against a child.
Witnesses told police that the suspect called the child a racial slur and then spit on him.
Then on Thursday, the victim's family confirmed the witnesses' original account of events.
A witness told KCTV5 he heard a customer using the N-word.
"He basically said get that little 'blank' up off the floor," the witness said.
The boy's family was at the restaurant celebrating a birthday and said the boy had wandered away from the group when the incident happened.
The restaurant is located at 10620 Metcalf Lane.
In response to a reporter's questions about the incident, Hooters of America, the restaurant's corporate office, released the following statement early Saturday:
“Hooters does not tolerate any harassment or discriminatory language, the safety and well-being of our guests and employees are our utmost priorities. Of course it goes without saying that our policy is to fully cooperate with any law enforcement investigation.”
The Overland Park Fire Department responded to critical comments from people on Twitter who thought the first responder worked for the department.
"Our understanding is this incident did not involve our personnel. We have confidence the investigation will be conducted properly," the fire department tweeted in response.