The Cook County State's Attorney's Office said Timothy Trybus, 62, has been charged with two counts of felony hate crime. He had previously been charged with misdemeanor assault for the incident.
Trybus was caught on camera last month verbally harassing Mia Irizarry in the Forest Preserves of Cook County in June. The video shows him approaching her, asking why she is wearing a v-neck Puerto Rican flag shirt with the words "Puerto Rico" written below the neckline.
Trybus is then seen asking her if she's an American saying, "Are you a citizen? Are you a United States citizen?"
From behind the camera Irizarry can be heard begging him to stop.
Irizarry is heard telling Trybus that Puerto Rico is part of the United States as he approaches her multiple times.
"Are you a citizen of the United States," Trybus is heard asking.
"Can you please get away from me?" Irizarry responds.
Irizarry can be heard asking a park police officer for help, and telling him she is uncomfortable. The officer is seen walking away.
As Trybus continues to harass her other officers arrived and a female police officer finally steps in on behalf of Irizarry.
"I was genuinely fearful for what could happen to me," Irizarry said in an interview. "I really thought that I was going to end up being physically hit. No reaction or response from the cop."
The officer, identified by authorities as Patrick Connor, resigned Wednesday night. He was supposed to face a disciplinary hearing Thursday.