Timothy Trybus, 62, originally faced misdemeanor assault and disorderly conduct charges for the incident where he angrily confronted the woman and told her she "shouldn't be wearing that" - referring to the shirt. Those charges were upgraded to hate crime charges, according to NBC News, and he was arrested again on Thursday.
Irizzary then begins to talk to her Facebook Live viewers, saying: 'As you can see the police are not even, he's not even grabbing him'.
The agency said that Officer Patrick Conner resigned late Tuesday.
The anger over the incident also attracted the attention of Puerto Rico Gov. Ricardo Rosselló.
"You're not American, if you were American you wouldn't wear that".
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The forest preserve district says officials continue to investigate the incident.
"The video does not look good, but anybody who is a football fan knows that the video does not tell the whole story", Tamara Cummings, general counsel for the Illinois Fraternal Order of Police Labor Council, said.
During the clip, which went on to be viewed almost two million times, Trybus yells at Irizarry that she "should not be wearing that in the United States of America" in reference to her Puerto Rican flag shirt, as well as repeatedly asking if she is an American citizen.
In the incident caught on video last month at a northwestern Chicago park, the woman pleads for help as the man harasses her, saying her shirt is un-American.
What unfolds over the 30-minutes is a man physically and verbally intimidating a very polite and poised 24 year old American woman, while a uniformed police officer stands by and does nothing to intervene or help.
"All people are welcome in the Forest Preserves of Cook County and no one should feel unsafe while visiting our preserves".
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'We will be looking into this incident as our offices in DC are in contact with local and state authorities, demanding that this officer be expelled from the police force, ' Rosello tweeted on Tuesday.
"Officer, I'm renting - I paid for a permit for this area". Are you a citizen?' In the background, a police officer is standing outside the park pavilion.
Later, she says: "Officer, I feel entirely uncomfortable, can you remove... please, officer" as the officer is seen walking away from her.
Cook County Commissioner Jesus "Chuy" Garcia called Connor's resignation "a commonsense decision after his inaction and failure to serve Cook County". "Then you should not be wearing that".
Quick aside and history lesson: Puerto Ricans are indeed US citizens.
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