Chicago cop charged with kneeling on Puerto Rican teenager's back after mistakenly accusing him of stealing a bike in what the boy's parents are calling a 'bias' incident 

  • Chicago Police Department Sgt. Michael Vitellaro, 49, was arrested and charged with official misconduct and aggravated battery
  • The cop kneeled on the back of  Josh Nieves, a 14-year-old Puerto Rican boy, after he thought he had taken his son's bike
  • Vitellaro surrendered Thursday to Park Ridge police and was taken to the Cook County courthouse in Skokie to await a bond hearing
  • The Chicago Police Department relieved him of his police powers yesterday
  • A video of Vitellaro kneeling on the boy went viral after the July 1 incident
  • Nieves's parents said that they believe that their son was targeted because of his race 
Chicago Police Sergeant Michael Vitellaro, 49, was charged with official misconduct and aggravated battery for roughing up a teenager he thought stole his son's bike

A Chicago police sergeant was charged Thursday with misconduct and aggravated battery for kneeling on the back of a Puerto Rican teenager after suspecting the boy of stealing his son's bike in an incident that was caught on camera.

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Sgt. Michael Vitellaro, 49, surrendered to police in connection with the July 1 incident outside a Starbucks in Park Ridge, police in the Chicago suburb said.

The boy, Josh Nieves, was not injured in the incident, but his parents are calling the incident a bias crime.

'We see the bias of an off-duty cop, taking advantage of our brown boy with Afro hair, smaller in stature, choosing to take the law into his own hands with physical force,' 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 cafe where he watched it while waiting for the thief to return.

The incident began when the teen, who had one hand on his own bike, began moving another bike that was blocking his path. That's when the officer confronted him, Antonio Romanucci, a lawyer for the teen's family, said.

The off-duty cop, who is dressed in shorts and a bright blue jacket in the footage, restrained Nieves by digging his knee into the child's back
The incident, which transpired July 1 in Park Ridge, a predominantly white suburb just outside of Chicago, saw the officer press his knee on the youngster's back after forcing him to the floor. The incident was captured on film - and has since sparked outrage from the boy's family
The off-duty cop in the video was identified as Chicago Police Sergeant Michael Vitellaro, 49, who is now charged with official misconduct and aggravated battery

The cop, who is dressed in shorts and a bright blue jacket in the footage, restrained Nieves by digging his knee into the child's back. 

'Get off of him! Get off him!' Nieves' friends can be heard on the video shouting as they gather around the officer.

The footage shows Nieves' companions grow increasingly fed up with the officer, who can be heard saying, 'It's my son's bike! He stole it!.'

'No he didn't!' one of the teens shouted back, as the officer continues to hold down the outstretched youngster with his hands behind his back.

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Nieves' companions then attempt to help their friend up from out of the officer's grip, trying to create space between the cop and the youngster.

The child, identified as Park Ridge eighth-grade honor student Josh Nieves, is Puerto Rican. His parents say he was singled out from other kids present due to his darker skin and curls
Josh Nieves, 14, shown here with his family, is a three-sport athlete and a straight A student
Parents Angel and Nicole Nieves, pictured here, say that they plan to sue over the incident, saying their son Josh, 14, was targeted because of his race

A scuffle then ensues, with the cops eventually releasing Nieves, as the boy's friends attempt to defend him.

'Get away from him! You can't do that!' one of the teens can be heard shouting in the footage, as they help their friend to his feet.

The footage cuts out as the group walks away from the cop, putting their arms around Nieves to protect him from the officer, as he continued to approach Nieves.

The teen is a straight A student, a three-sport athlete and is involved in a youth ministry program, his parents said.

'Right now, my son is OK, but we're concerned about his mental well-being and his emotional well-being as well,' the boy's father Angel Nieves said.

The sergeant's lawyer, James McKay, told the Chicago Sun-Times that his client saw the boy get on his son's bike, giving him 'reasonable belief' that he stole it.

Vitellaro filed a report with Chicago police calling the incident an 'off-duty arrest' and described the boy as an 'offender.' 

Romanucci said in July that the incident 'is a clear-cut 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 promised to file a lawsuit regarding the incident, telling the Sun-Times that they 'want to make sure this officer no longer has the ability to abuse his power again.'

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A Chicago police spokesperson said Vitellaro was relieved of his police powers on Wednesday. He was arraigned and released on $25,000 bail. His next court date is September 8.

The Chicago Civilian Office of Police Accountability said last month that it was investigating the officer´s actions. 

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