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 Puerto Rican flag shirt with the words "Puerto Rico" written below the neckline.
VIDEO: Man harasses woman for wearing Puerto Rico shirt in Illinois
Trybus is then seen asking her if she's an American saying, "Are you a citizen? Are you a United States citizen?"
Irizarry is heard telling Trybus that Puerto Rico is part of the United States as he approaches her multiple times.
Irizarry can be heard asking a park police officer for help, and telling him that 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.
The officer, identified by authorities as Patrick Connor, resigned Wednesday night. He was supposed to face a disciplinary hearing Thursday.