KRON4 has new details on a story we brought to you Thursday night.

It is about the teenager who San Jose police arrested for assault after he was in a fight with three adults.

The boy’s parents believe police wrongly arrested him because he was defending himself.

San Jose police say the teen punched an adult in the face.

Now, a witness is talking with KRON4 about what he saw.

“He came from behind and started choking the little kid, dangling him all crazy, so I went over there and he said the kid started things, but I’m like that ain’t the way to handle it. He’s a kid man,” Guillermo Rocha said.

Rocha says he witnessed the adults attack 14-year-old Ernesto Mirabal at Los Paseos park on Monday.

San Jose police only arrested the teenager, And his parents recorded the aftermath. 

The video has gone viral.

A woman questioned the teenager while he walked to school, and he responded with foul language and refused to answer.

Guillermo says he stepped in when one of the men put the kid in a headlock.

“I am helping the kid,” Rocha said. “He is crying and cursing at them, and the guy comes back again, the Caucasian guy started choking him, grab him, and I am holding him, and the youngster gave him two good ones in the fac,e you know?”

Police claim the teenager is the aggressor. Cops arrested him for assault and battery.

He spent 24 hours in county juvenile hall.

His parents say Ernesto has never been in trouble before and that he was wrongfully arrested.

“I felt like they were real bias toward the situation,” Manuel Mirabal said. “No one should hit a kid. I don’t care what a kid says”

“So, I felt disgusted because I felt like, ‘Wait a minute. This ain’t fair. If you are going to take one, take them all.’”

The family says the man who attacked their son is an off-duty police officer.

San Jose police tell KRON4 the officers followed proper protocol.

The family says the teen tried to defend himself and thinks the police are protecting their own.

“It was horrible,” Jennifer Mirabal said. “I seen my son be arrested for something he didn’t do.”

The family wants justice and is now considering legal action.

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