Chicago Police Sergeant Michael Vitellaro, 49, has been charged with official misconduct and aggravated battery for beating a teenager he believed stole his son’s bike
A Chicago Police Department sergeant was charged Thursday with misconduct and aggravated battery for kneeling on the back of a Puerto Rican teenager after he suspected the boy of stealing his son’s bike in an incident that was caught on camera .
Sergeant Michael Vitellaro, 49, turned himself in to police in connection with the July 1 incident outside a Starbucks in Park Ridge, police in a suburb of Chicago said.
The boy, Josh Nieves, was not injured in the incident but his parents are calling the incident a crime of prejudice.
“We see the bias of an off-duty police officer who takes advantage of our brown boy with Afro hair and his smaller stature and chooses to take the law into his own hands through physical violence,” his mother, Nicole Nieves, told WGN 9.
On the day in question, Vitellaro’s son’s bike had been stolen and the sergeant tracked it down to a Starbucks coffee shop, where he watched it while waiting for the thief to return.
The incident began when the teenager, who had a hand on his own bike, began moving another bike that was blocking his path. That’s when the officer confronted him, said Antonio Romanucci, an attorney for the teen’s family.
The off-duty police officer, who is wearing shorts and a light blue jacket in the footage, restrained Nieves by driving his knee into the child’s back
In the incident, which took place July 1 in Park Ridge, a mostly white suburb outside of Chicago, the officer pressed his knee on the youth’s back after forcing him to the ground. The incident was filmed – and has since sparked outrage in the boy’s family
The off-duty police officer in the video has been identified as Chicago Police Department Sergeant Michael Vitellaro, 49, who now faces charges of official misconduct and aggravated battery
The police officer, who is wearing shorts and a light blue jacket in the footage, restrained Nieves by driving his knee into the child’s back.
“Let him go! Get off him!’ On the video, Nieves’ friends can be heard gathering around the officer.
Footage shows Nieves’ companions growing increasingly fed up with the police officer, who can be heard saying, “That’s my son’s bike! He stole it!.“
,No he did `nt!’ one of the teenagers yelled back as the officer continued to hold the sprawled boy with his hands behind his back.
Nieves’ companions then try to help their friend out of the policeman’s grasp and try to put some distance between the policeman and the boy.
The child, identified as Park Ridge’s eighth grade honors student, Josh Nieves, is Puerto Rican. His parents say that his darker skin and curly hair distinguished him from other children present
Josh Nieves, 14, pictured here with his family, is a triple athlete and a straight A student
Parents Angel and Nicole Nieves, pictured here, say they plan to sue over the incident and say their son Josh, 14, was targeted because of his race
A scuffle then ensues, with the cops eventually releasing Nieves while the boy’s friends try to defend him.
‘Get away from him! You can not!’ One of the teenagers can be heard screaming in the footage as they help their boyfriend to his feet.
Footage is interrupted as the group walk away from the officer and wrap their arms around Nieves to protect him from the officer as he continues to approach Nieves.
The teen is an A-grade student, a three-sport athlete and involved in a youth service program, his parents said.
“At the moment my son is doing well, but we are also concerned about his mental and emotional well-being,” said the boy’s father, Angel Nieves.
The sergeant’s attorney, James McKay, told the Chicago Sun-Times his client saw the boy get on his son’s bike and gave him “reasonable belief” that he stole it.
Vitellaro filed a report with the Chicago Police Department, describing the incident as an “off-duty arrest” and calling the boy a “perpetrator.”
Romanucci said in July the incident was “a clear case of racial profiling.”
“The off-duty officer is white and the boy was the only person of color in a group of teenagers,” the attorney said.
The Nieves family vowed to file a lawsuit over the incident, telling the Sun-Times that they “want to make sure this officer no longer has the ability to abuse his power again.”
A Chicago Police Department spokesman said Vitellaro was relieved of his police powers on Wednesday. He was charged and released on $25,000 bail. His next court date is September 8th.
The Chicago Civilian Office of Police Accountability said last month it was investigating the officer’s actions.