Parents sue CPD sergeant acquitted of criminal charges for pinning their teen son to ground
CHICAGO (CBS) -- A mother and father are suing a Chicago police sergeant who was acquitted of criminal charges after pinning their 14-year-old son to the ground last summer in northwest suburban Park Ridge.
The incident was captured on video as Sgt. Michael Vitellaro, who was off-duty at the time, accused the teen of stealing his son's bike, and pinned the boy down with his knee.
"This case is about the rash and unreasonable actions of a man, of a Chicago police sergeant at that, who used excessive and unnecessary force against our 14-year-old son, who was unarmed, posed no threat," Nicole Nieves said.
Vitellaro was acquitted of felony charges in the case on June 16.
According to prosecutors, the bicycle was reportedly stolen at the Park Ridge library and left near the Starbucks. Vitellaro drove there with his son and located the bike. He then waited in the parking lot to see whether he could find out who took it.
The teenager was sitting on his bicycle and talking with friends nearby. When he went to move the stolen bike, Vitellaro approached the teen and pinned him to the ground, prosecutors said. Vitellaro called 911 and asked for police to come to the location. When a woman walking nearby asked why Vitellaro was kneeling on the boy, he let the teen go. The teen was crying and told Vitellaro to leave him alone, prosecutors said.
When Skokie police arrived, Vitellaro accused the boy of stealing the bike.
Video surveillance showed that the bike was already there before the victim arrived with his friends, prosecutors said. In addition to cell phone video that was made public last month, there is additional video that shows Vitellaro pushing the victim to the ground, prosecutors said.
The following day, Vitellaro filed a report, calling the teen an "offender" who did not follow verbal commands and was pulling away from him, prosecutors said.
Following a bench trial in Skokie, Vitellaro was acquitted of charges of official misconduct and aggravated battery. Judge Paul Pavlus decided, after watching surveillance video from multiple angles, and hearing expert and witness testimony, that there was not enough proof beyond a reasonable doubt that Vitellaro acted outside his capacity as a police officer. He also said testimony from some of the teens present that day was not credible, and might have been the result of feeling pressured.
James McKay, Vitellaro's attorney, argued the decision was "the right thing ... based on everything that happened in the court room, and absolutely nothing that happened outside of it."
"He's got a wife who is a teacher here in the city and he's got two wonderful children," said McKay. "I think immediately his concern is for them and having a wonderful Father's Day this weekend."
Now the boy's parents – Angel and Nicole Nieves – have filed a lawsuit against Vitellaro on behalf of their now-15-year-old son, accusing the sergeant of false imprisonment, negligence, assault, battery, intentional infliction of emotional distress, and willful and wanton conduct. They are also suing the city, accusing the city of negligent supervision, negligent retention, and willful and wanton conduct.
The city's Law Department declined to comment on the lawsuit, saying they do not comment on pending litigation.
