Teen, falsely accused of stealing bike, takes stand in trial of CPD officer pinning him down
CHICAGO (CBS) -- A 15-year-old boy, taking the stand in a Skokie courtroom today, recalling the moment a Chicago police sergeant pinned him to the ground because he thought he had stolen a bicycle.
The now-former officer is on trial, facing felony charges of misconduct and aggravated battery. CBS 2's Sabrina Franza was in court.
Inside the courtroom, family and friends on both sides split down the aisle to show their support. The now 15-year-old boy's family on one side, supporters of the former Chicago police sergeant on the other.
It was an emotional day, especially for the plaintiff in this case, that 15-year-old boy as he sat for hours of questioning.
On the first day of the trial, Joshua Nieves, now 15 years old, took the stand.
"It was difficult for the family to sit there and listen to Josh retell what happened on July 1st of last year," said attorney Javier Rodriguez, Jr.
Nieves was seen on video, on the ground, pinned by then-Chicago police sergeant Michael Vitellaro. He was off duty at the time and approached Nieves, prosecutors said, because he thought he'd stolen his son's bicycle from a library nearby.
The teenager was surrounded by friends when this happened, testifying that Vitellaro called 911.
A judge, not a jury, will decide guilty or not guilty in this case.
The judge watched a surveillance video from the Starbucks where the incident happened as well as a video from across the street. Nieves is seen driving up to the scene on his own bike before this all happened.
Later, the prosecution played body camera footage from an on-duty officer who was on the scene that day. Nieves told that officer he was "stressed" and shocked" in those moments.
In the courtroom, he was asked why he felt that way, adding "I didn't know what this man would do to me. I thought I might even lose my life."
"He hasn't wavered. I think he's been steadfast in recalling what occurred to him that day," Rodriguez said.
The defense noted Nieves was not physically hurt, pointing to a video showing Nieves socializing with the person seen dropping off the stolen bike earlier and arguing former sergeant Michael Vitellaro had probable cause to act the way he did.
Vitellaro faces two counts of misconduct and one count of aggravated battery, felony charges for which he could face a maximum of 15 years in prison.
After hours in the courtroom neither family had further comment this afternoon. Nieves' mother is expected to will take the stand Tuesday.
Apart from this criminal trial, the Nieves family intends to file a civil complaint as well.
