Jamie Mosser told the ABC7 I-Team a federal agent committed aggravated battery against protesters in Elgin, using excessive force by shooting a pepper ball at point blank range.
The chaotic scene unfolded on December 6, 2025 on the streets of Elgin during federal immigration actions. Protesters gathered at an apartment complex on reports a man chased by federal agents ran into an apartment.
During the protest, one officer was caught on cellphone video shooting a man with a pepper ball at close range. The pepper ball shot ricocheted off his face into another woman's face, causing injury to both.
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Mosser said filing charges would be an exercise in futility.
"Under state law when you're not allowed to use that type of force on a person's face. It's a crime. It would become aggravated battery if a police officer did this," Mosser explained.
The ICE agent's identity is still unknown to the Kane County State's Attorney's Office.
Mosser stressed charges would be fruitless, saying "In order to charge a federal agent, I have to show two things, either one that they were not involved in a lawful activity as an ice agent. And then I would have to prove that the actions of this person were not reasonable in comparison to everything that was happening. And you have to look at their subjective intent. "
She said the supremacy clause of the constitution creates a high bar for local prosecutors to hold feds accountable for their actions if the federal government doesn't take action of its own.
Mosser made her decision not to charge in consultation with veteran criminal attorneys in her office, the governor's office, and conversations with prosecutors across the state.
"Not only do these agencies have to police themselves, but we need the federal government to change these laws, we need to be able to prosecute people, whether or not they're law enforcement who commit a crime locally, even if they're a federal agent," she said.
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ABC7 Chief Legal Analyst Gil Soffer told the I-Team in March criminal charges from state prosecutors against federal agents are incredibly difficult to secure.
"A federal agent can't successfully be prosecuted unless it's shown that they acted objectively, unreasonably and outside the scope of their duties, they have this qualified immunity," Soffer added. "It's a very long uphill battle for anybody who tries to make this work."
Mosser said she isn't bringing charges, not only because she believes they would ultimately fail, but the process would be costly to taxpayers and unethical with a strong likelihood of defeat in court.