Trial continues for off-duty CPD officer accused of pinning teen to ground over stolen bike

The trial of an off-duty Chicago police sergeant accused of pinning a teen to the ground in Park Ridge over a stolen bike last year continued for a second day on Tuesday.

Michael Vitellaro is charged with official misconduct and aggravated battery in connection to an incident on July 1, 2022, when cell phone video captures him pinning down a 14-year-old boy outside of a Starbucks in Park Ridge, after suspecting him of stealing his son’s bicycle.

That teen, identified as J.N., took the stand for most of the day Monday following opening arguments.

Assistant State’s Attorney Alyssa Janicki said Vitellaro acted with “rage over reason,” and “rushed to judgement” when he restrained J.N.

Defense attorney, Michael McKay, said the sergeant had probable cause for theft and acted “within the law,” using his police training to step in. McKay said Vitellaro believed it was his duty as an officer and father.

Four witnesses testified on Tuesday. The state called two police officers and a friend of J.N., who took cell phone video that later went viral. The defense also called one witness, a second friend of J.N., who was on the scene that day.

Chicago police Lieutenant Thomas Mason took the stand first. He was on duty at the time of the incident and testified that Vitellaro called to report what happened and asked if he should file a report.

Lt. Mason said he encouraged him to do so and "act with caution."

When cross-examined by McKay, Mason testified that police can use force if a subject is resisting. He confirmed Vitellaro told him he initiated a “take down” after the subject “pulled away.”

Lt. Mason said police have a duty “to do something” when a crime is committed, and if there’s probable cause, officers are required to take action.

The state’s second witness was Chicago police officer Trak Silapaduriyang, an instructor at CPD’s Education and Training Academy.

He was qualified as an expert in use of force due to his experience with training officers and curricula development.

Silapaduriyang called the “take down” an “inappropriate use of force” because Vitellaro did not announce he was police nor did he have probable cause.

The state pointed to several inconsistencies in the reports Vitellaro filed after the incident, and the video shown in court, including that the “offender fell to the ground” and was not forced.

Silapaduriyang agreed with the defense there was reasonable suspicion a crime had taken place but not probable cause. He said the defendant had “alternative options” in the situation. He did not object to the “take down” technique, agreeing J.N. was not injured during the incident and refused medical treatment at the scene.

The boy who took cell phone video of Vitellaro on J.N.’s back also testified for the state.

The 15-year-old boy said a group was on their way to a movie when they heard commotion and saw J.N. on the ground. He said he recorded the incident because he was “shocked” and wanted “hard evidence” if “something bad happened.”

He admitted he did not call 911 despite being worried about his friend’s wellbeing.  

On cross examination, McKay asked how his cell phone video ended up on TMZ, to which he replied he sent the video to J.N. upon request.

McKay asks the boy if he remembers telling a police officer that he saw J.N. move the bike. He replies that he doesn't remember.

In the video, a group of multiple teenage boys are seen surrounding the off-duty officer as he’s kneeling on J.N.

The teen admits at least five of his friends "put their hands on" Vitellaro.

After his testimony, Janicki played three police-worn body camera videos for the court that show Vitellaro’s interviews with police on the scene and at the Park Ridge Police Department.

In the videos, Vitellaro can be heard telling police his son called his wife to say his bike had been stolen from the library. Vitellaro says he drives to pick up his son and both go searching for the bike when they are informed by a friend it is outside Panera Bread.

Upon arrival, Vitellaro says they see the bike leaning against a pillar near Starbucks. They wait in the car to see who gets on the bike.

Vitellaro tells an officer about two minutes later, he saw a teenager straddle the bike, about to pedal away, when he exits his car, approaches, and grabs him by the wrist.
Vitellaro says to the teen, “you stole my son’s bike.” He tells police J.N. fell from the bike before he restrains him using a technique called an “arm bar.”

Vitellaro says he released J.N. because he grew concerned as his friends began surrounding him.

“I didn’t want to get kicked in the face,” Vitellaro tells an officer in the video. “[I] didn’t want to get attacked.”

Vitellaro says the group begins using expletives and threatening to hurt him before walking toward a parking lot.

The defense called one witness Tuesday, another teenager at the scene that day. To most questions asked by McKay, the 15-year-old boy reiterated he “did not remember,” including if another teenager in his group initially took the bike.

He was later asked if he told police J.N. took the bike that was leaning against the pillar, to which he replied he couldn’t recall.

The defense then played another body camera clip in which the teen can be heard telling officers an orange bike, also at the scene, was J.N.’s, and he doesn’t know “why J.N. got on the other bike.”

The teen testified Vitellaro did not announce he was an officer at the time of the “take down.”

The trial resumes Wednesday. J.N.’s mother, Nicole Nieves is still expected to testify.  

Vitellaro, who is still a member of CPD, was relieved of his police powers in August 2022. He's been on a leave of absence since February 2023.

A recommendation from the Civilian Office of Police Accountability remains under review, according to Chicago police.