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The Niles Police Station, 7000 W. Touhy Ave. in Niles.
Jennifer Johnson / Pioneer Press
The Niles Police Station, 7000 W. Touhy Ave. in Niles.
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A man is facing theft charges after police say he robbed a Niles convenience store with a toy gun and a bag over his head.

Nicholas Amato, 26, of the 7700 block of North Oconto Avenue in Niles is accused of stealing $40 from a 7-Eleven store at 7450 W. Oakton St. on the night of Feb. 24, police said.

According to police, witnesses reported that a man entered the store around 8:30 p.m. with a plastic bag over his head and took out a gun from his pants.

The man stole $40 from the store, though it is unclear how he obtained the cash or if it came from the store’s register. Niles Police Sgt. Kelly Eckardt said an employee was inside the store at the time of the incident, but that “7-Eleven did not cooperate fully with the investigation.”

The incident was captured on store surveillance video, Eckardt said.

The robber fled prior to the arrival of police and a suspect, identified as Amato, was located on the 7800 block of North Odell Avenue, about a block south of the convenience store, police said. According to police, Amato disregarded the officers’ commands and refused to be handcuffed. He was eventually taken to the ground where he was placed into custody and handcuffed, police said.

A toy air-soft pistol, believed to be the one used in the robbery, was found tossed in a trash can on the 7900 block of North Oketo Avenue along with the bag that the robber had covered his face with, police said.

Amato was found in possession of $40 in cash, according to police.

Niles police said 7-Eleven declined to pursue charges in the incident, but the Cook County State’s Attorney’s Office approved a charge of theft and two counts of resisting arrest against Amato.

During a Feb. 25 bond hearing on Zoom, Assistant State’s Attorney Rowland Edwards said Amato admitted to bringing a soft-air gun into the store and a store employee identified Amato as the person who brandished a gun in the store.

“The defendant is seen on 7-Eleven surveillance video brandishing the firearm and taking $40 from the clerk,” Edwards said.

One of the officers that attempted to take Amato into custody sustained minor injuries in the scuffle, Edwards said.

A judge set Amato’s bond at $10,000, requiring $1,000 to be posted in order for him to be released.

Attorney Paul Burnson, representing Amato, said Amato was “not in his right mind” during the alleged Feb. 24 incident and suggested there may have been an issue with medication he was taking at the time. He asked the judge to set a low bond so that his client could be released and admitted to an in-patient behavioral treatment center.

Amato is currently on probation for a 2020 battery conviction, Edwards said.

Niles police reported that Amato was arrested in April 2020 after he was accused of pushing and punching a 60-year-old man outside the Walgreens that is located next to the 7-Eleven on Oakton Street.

Amato was sentenced to 24 months probation in the case, Edwards said.

jjohnson@chicagotribune.com