Judge acquits off-duty Chicago cop seen in video kneeling on teen’s back

By Rebekah Riess and Ray Sanchez, CNN

(CNN) — A Chicago police sergeant has been acquitted of aggravated assault and felony official misconduct in a case involving a teenager he held in a prone position with his knee while off-duty.

Michael Vitellaro, 49, who has worked for the Chicago Police Department since 2000, “escaped criminal justice” after being found not guilty during a bench trial, attorneys Antonio Romanucci, Bhavani Raveendran and Javier Rodriguez, Jr., who represent the teen, said in a statement on Friday.

“However,” the statement added, “he will not be able to escape our pursuit of justice in the civil courts.”

Vitellaro’s attorney, James McKay, Jr., said in a statement that finding his client not guilty on all counts “was the only ruling the Judge could make.” 

“It was based on all the evidence presented in court and the Illinois law that applied to the case. Period,” McKay told CNN. “It was not, and cannot be based on any narrative promoted on social media by people who were not there that day.”

McKay questioned the credibility of prosecution witnesses. The officer’s actions were reasonable and “not forceful,” he said, noting the teen “was not injured” and “didn’t get a scratch.” 

McKay added, “Anybody who disagrees with the Judge’s ruling needs to read the law. The presumption of innocence and the burden of proof are not just words. Evidence matters. All criminal court judges in this country are required to base their decisions on the evidence presented in court and the law. They are not to be swayed by outside influences from social media.”

Cook County Circuit Court Judge Paul Pavlus was quoted by CNN affiliate WLS as saying the video of the incident was “horrible” but that “it doesn’t come close to describing what happened.”

Referring to Vitellaro, Pavlus said in court that “at no time did I see an out-of-control, enraged individual,” the station reported.

CNN has reached out to the Cook County State’s Attorney’s Office for comment.

Vitellaro was charged with felony official misconduct and aggravated battery last August, weeks after video surfaced showing him holding the 14-year-old boy in the prone position with his knee in Park Ridge, according to police.

Vitellaro had gotten information his son’s bike was stolen from the local library and then seen at a nearby Starbucks, according to a criminal complaint at the time.

The off-duty officer drove his son to the Starbucks where he saw his son’s bike on the sidewalk. The complaint said he “waited in his car to hopefully observe who had stolen the bicycle.”

When the teen went to his son’s bike, the video showed Vitellaro grabbing the boy and pushing him to the ground, the complaint said. He detained the teen by placing his knee on his back.

Video footage from Starbucks and other businesses in the area showed the teen was not the person who took the bicycle, according to the complaint.

The teen was crying and visibly upset later as he walked away from Vitellaro, who followed him, according to the complaint and video.

Attorneys for the teen in their statement said Vitellaro’s “conduct shocked the community and decent people around the world.”

“Vitellaro assaulted a fourteen-year-old boy in broad daylight without cause and his treatment of our client was a clear overreach, an overreaction and an excessive use of force,” said the attorneys, vowing to file a civil lawsuit.

“We are quite disappointed that Judge Pavlus chose not to see Vitellaro’s conduct met the threshold for aggravated battery or official misconduct.”

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