A white man allegedly spit on and called a black three-year-old child the n-word while dining at a Hooters in Kansas on Monday.

Police say charges are pending against the man, who has been identified as a first responder.

The incident happened Monday night at a Hooters restaurant in Overland Park, Kansas.

Witnesses and family members of the child told police the suspect called the little boy a slur and spit on him while saying someone should get him 'up off the floor'.

Scroll down for video

A fireman allegedly spit on and called a black three-year-old child the n-word while dining at a Hooters in Kansas on Monday

'He basically said get that little n***** up off the floor,' a witness told KCTV.

'The n-word started to get thrown around.'

The altercation happened when the toddler wandered away from his family and another family member had to chase after him.

The witness said he was dumbfounded when he heard the suspect utter the slur, and said he thought a fight was about to break out.

When police arrived at the restaurant the witness said he was even more shocked to find out the suspect was a first responder himself.

'I didn't catch what the officer said to him, but his immediate response was "It's okay, I'm a fireman," like that was supposed to blanket cover everything for him,' the witness explained.

The Overland Park Police Department later clarified that the suspect is not an Overland Park firefighter.

'My whole body just went numb,' the child's grandfather told KCTV. He is pictured, but did not identify himself out of fear of retribution

Overland Park police told the outlet Thursday that the officer will be charged with battery and making a criminal threat.

The toddler's family members also spoke to the outlet, but would not name themselves for fear of retribution.

'My whole body just went numb,' the child's grandfather told KCTV.

'How could someone do that to a child? He's helpless. He didn't deserve that.'

Police say the boy's family was at the restaurant celebrating a birthday.

Hooters issued a statement early Saturday to say they do not tolerate harassment or discrimination.

'Hooters does not tolerate any harassment or discriminatory language, the safety and well-being of our guests and employees are our utmost priorities,' the restaurant said.

'Of course it goes without saying that our policy is to fully cooperate with any law enforcement investigation.'