GRAND RAPIDS, Mich. — No charges will be filed in an assault incident that took place at a Wyoming Burger King over the weekend.
It happened on Sunday, Sept. 4. Two teens were allegedly attacked by a man who was dissatisfied with their service at the drive-thru. The 17-year-old, Isabella, and another 15-year-old employee say the man then came into the store, where he attacked both of them before running away.
Both employees were taken to the hospital where Isabella needed 11 stitches and suffered bruising to her neck and thigh, while the other teen suffered a broken jaw, several broken teeth, and nerve damage. She underwent reconstructive surgery Monday afternoon.
New surveillance footage from the 28th Street restaurant shows Zambrana at the drive through, and later, in the restaurant, hopping the counter to grab his own cup. Later, the video shows employees tossing a drink at him and him tossing one back, before things escalate into a fight in the entrance way as Zambrana tries to leave.
“This is a wash and that’s why we’re not filing charges," said Becker at a press conference Friday morning. “I feel bad for the family, the two girls were seriously injured, they incurred serious medical bills but this is not a criminal matter.”
Becker said because there was escalation and aggression on the part of both Zambrana and the employees, there's no way to prove beyond a reasonable doubt that Zambrana committed unprovoked assault.
"A fight occurred, two people were injured, but there’s just not enough basis to show that Mr. Zambrana committed an aggravated assault causing those injuries. And by no means am I condoning his behavior," said Becker. “Now we have a victim who is conceivably a defendant and a defendant who is conceivably a victim which causes all kinds of problems for our ability to put people on the stand and get to the bottom of this.”
Michaelia Pinela, Isabela's mother, spoke to FOX17 on Friday after the announcement - her daughter was too distressed to come to the door.
“I stand behind my daughter, I stand behind what she did," she said. “In no way that you look at this, whether it was at Burger King, whether it was an argument in somebody’s yard at a barbeque, it’s never okay to say that a 36-year-old man can hit and beat two girls to the point of putting them in the hospital because they ran their mouth.”
While it may not be a criminal matter any longer, it may soon be a civil matter. The parents of both girls injured in the fight say they plan to file a civil suit against Zambrana and make their case to the state's attorney general. Pinela says her daughter was trying to chase Zambrana out of the restaurant to lock him out, not to fight him, noting correctly that the first set of doors did not have a lock on them.
“I do not think he should get away with this," said Pinela. “There should be something, because the message that was just given to our community is not the right message to send out.”
FOX17 spoke to Zambrana briefly at his home Friday, who said he's been getting death threats since the incident went public this week.
“I’m really, really sorry about the injuries, I’m not proud of it at all," he said. “It doesn’t feel good man, it’s not a win.”
Below, you can watch Kent County Prosecutor Chris Becker's news conference Friday morning explaining why the incident does not warrant criminal charges.
Watch the news conference here:
Becker explains no criminal charges can be filed because the assault allegedly took place between both parties. However, he adds the individuals involved may file for civil damages if they wish.
Becker says he does not condone what happened, adding the situation could have been avoided if any of the people involved walked away.
READ MORE: 'It's just a pop': Teen describes assault at Wyoming Burger King
