Chicago police officer said he believed teen had stolen his son's bike
SKOKIE, Ill. (WLS) -- A Cook County judge ruled Friday that Chicago police Sgt. Michael Vitellaro is not guilty after being charged in a case that left a teen pinned to the ground.
Video of the incident shows Vitellaro, who was off-duty at the time, on top of a 14 year old in Park Ridge. Vitellaro has since been stripped of his police powers and is on leave from CPD.
Vitellaro contends he was using proper technique to take down a bike thief suspect.
The bike in question was Vitellaro's son's bike.
Vitellaro was charged with aggravated battery and official misconduct.
Vitellaro's son testified he left his bike unlocked at the library and later spotted his bike near a Starbucks, and he witnessed his father detain the teen, who touched his bike at the Starbucks.
SEE ALSO: Off-duty Chicago police sergeant pleads not guilty after Park Ridge teen pinned to ground
The teen who was pinned and some of the teens present that day testified in the trial that the teen only touched the bike, and Vitellaro never identified himself as a police officer before or while Vitellaro had his knee on the teen's back on the ground.
But the judge said Friday most of their testimony was not credible, as it was influenced by outside forces.
The judge heard from another teenager during the three-day bench trial.
That young man admitted riding the bike in question from the library to the Starbucks, and apologized for moving the bike.
Prosecutors argued the incident didn't need to happen, and that Vitellaro was acting out of rage, not reason.
The attorney for Vitellaro argued this was an off-duty officer trying to recover stolen property.
As the teen's family and attorneys left the courtroom Friday, they expressed their disappointment.
"It was appalling to hear this judge create a story in order to justify the end," attorney Tony Romanucci said.
In court, Judge Paul Pavlus described video of the incident as "horrible. As a parent I would be outraged, but it doesn't come close to describing what happened."
He added, "at no time did I see an out-of-control, enraged individual."
James McKay, Vitellaro's attorney, praised the judge's decision.
"This was the right thing based on what happened in court, and nothing happened outside the court room," McKay said. "Memory, manner while testifying, there are so many factors that the judge or a jury could consider when trying to decide the believability of a witness."
Those supporting the teen saw the testimony and the judge's characterization very differently.
"We heard today was character assassination of a straight A student, honor roll, in athletics at his school," said Javier Rodriguez, an attorney for the teen.
"Regardless of the outcome that happened with this unimaginable ruling from this judge, we are going to continue fighting for him, fighting. We are going to continue seeking justice for him," the teen's father Angel Nieves said.
"This situation will not define my son, and, if anything, it will allow him to be that much stronger moving forward from this, knowing that he has us and an entire community around him," the teen's mother Nicole Nieves said.