Murder Trial Set To Begin For Chicago Cop In 2014 Shooting Of Black Teen [10/5 UPDATE: GUILTY]

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Dashcam video captured officer Jason Van Dyke shooting 17-year-old Laquan McDonald 16 times.




CHICAGO (AP) — In a Chicago courtroom over the coming weeks, the spotlight will focus on one night in 2014, 16 gunshots, a white police officer, the death of a black teenager and an essential question: Murder or self-defense?

Chicago Police Officer Jason Van Dyke faces murder charges in the killing of 17-year-old Laquan McDonald, a shooting captured in a silent dashcam video that stirred outrage, upended politics and fueled the city’s racial tensions. While the jury trial that begins Monday revolves around the events of Oct. 20, 2014, it also draws fresh attention to the problems a troubled department has wrestled with for decades.

“It’s a new chapter but the same theme — police racism, violence and a code of silence,” says G. Flint Taylor, a civil rights lawyer and frequent critic of the Chicago police.

The case has already rippled beyond the courtroom, spurring a 13-month U.S. Justice Department probe that resulted in a blistering 2017 report in the final days of the Obama administration. It described a poorly trained police department with a “pervasive cover-up culture” that tolerated racial discrimination and used force almost 10 times more often against black suspects than whites.

Craig Futterman, a University of Chicago law professor, says these problems aren’t unique among big city police forces, but they are extreme.

“Not that there aren’t issues of racism in other police departments. Not that there aren’t issues of the problems of officers covering for one another ... and issues with a lack of accountability in other departments, but Chicago is that on steroids,” he says.

Police Superintendent Eddie Johnson acknowledges mistakes have been made, especially in black and Latino neighborhoods, many of them beset by gangs and gun violence that have tormented parts of Chicago in recent years.

“There’s been a history in Chicago of the police department treating those particular communities inappropriately. I know that we did,” Johnson said in a recent interview with The Associated Press. He ticked off the ways that has played out: a lack of respect, excessive force and “wrongly just having the attitude that young men in those neighborhoods were doing nefarious activities.”

Johnson says he has enacted major changes even before the police department faces a massive overhaul under a proposed federal consent decree filed this month in federal court. Among the steps already taken: expanding the use of Tasers, ensuring all patrol officers have body cameras by year’s end, simulation training, and making videos available of police-involved shootings within 60 days of when a complaint is filed.

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CHICAGO POLICE DEPARTMENT VIA AP FILE
Though the Van Dyke murder charge is extraordinary, police controversies have been an uncomfortable part of Chicago history. Some of the most notorious incidents happened long ago, but they haven’t been forgotten.

The department is inextricably linked with the brutal image of an August night a half-century ago, when police officers wielding billy clubs pummeled anti-war protesters during the 1968 Democratic National Convention. A report called it a “police riot.”

And the names of Fred Hampton and Mark Clark, two Illinois Black Panther Party leaders killed in a 1969 police raid, still resonate in the black community. Reports indicate the police fired up to 99 shots; the Panthers shot once.

More recently, there have been eyebrow-raising police scandals, the exoneration of death row inmates who said they’d been tortured into making false confessions, and misconduct settlements, verdicts and legal fees that have cost the city more than $700 million in the last 15 or so years. The city reached a $5 million settlement with the McDonald family without a lawsuit being filed.

“There’s no sense of urgency, no effort ... that would look into what the cause of these cases is and take definitive measures to try to stop this onslaught,” says Lori Lightfoot, a former president of the Chicago police board and mayoral candidate. “It’s just dissipating taxpayer dollars. It’s undermining the legitimacy of the police department.”

Johnson says improved training is the best way to reduce these lawsuits by preventing officers from making bad decisions.

But the city faces many more potentially big-dollar cases. In July, 15 men filed separate lawsuits alleging a disgraced former sergeant had framed them. All but one had their drug convictions vacated last year in a mass exoneration; the other had a gun conviction dropped later. And about 20 convictions involving an ex-detective also accused of framing suspects have been tossed. In June, a federal jury awarded more than $17 million to one man who served 21 years for murder before a witness recanted testimony that was allegedly coerced by the officer.

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AP PHOTO/M SPENCER GREEN
No case is more infamous than that of former Commander Jon Burge, who led a “midnight crew” of rogue detectives accused of torturing more than 100 suspects, mostly black men, from 1972 to 1991, shocking them with cattle prods, smothering them with typewriter covers and shoving guns in their mouths to secure confessions. Burge was fired in 1993 and sentenced to prison in 2011 for lying in a civil case. It was too late to charge him criminally.

“People get mad (and say), ’We don’t want Chicago known for Al Capone,” says the Rev. Michael Pfleger, an activist priest. “But Al Capone was a gangster on the streets. Jon Burge was a higher-up in the Chicago Police Department. .... That’s much more dangerous to me.”

In 2015, the city agreed to pay $5.5 million in reparations to 57 Burge victims. Taylor, the lawyer for some of the men, estimates the price tag for all Burge-related cases is about $132 million.

In the last 10 years, 52 officers in a force of 13,000 have been fired for on-the-job misconduct, five for excessive force, according to the department.

What lawyers say connects Burge and many other egregious misconduct cases is a code of silence that allowed abuses to continue for years, even decades.

Futterman, an expert on the Chicago police, calls it an “institutional commitment to denial” that kicks in each time an officer does something wrong.

“It’s not just simply staying silent in the face of abuse, but it’s lying,” he says. “It’s crafting an official narrative that denies this happened ... that will be backed up and down (within the department).”

Kevin Graham, president of the Chicago police union, insists that’s a myth. “I know of no police officer who’s going to cover up for a crime another police officer does,” he says.

Van Dyke’s partner and two other officers face trial this fall on conspiracy and obstruction of justice charges. Prosecutors allege they lied to protect Van Dyke, filing reports that echoed his statement that McDonald was a danger. Two are no longer on the force; Van Dyke was suspended without pay.

Van Dyke contends he shot McDonald 16 times, fearing for his life as the teen swung a knife at him. The video — released 13 months later after a court order — shows McDonald holding a knife at the side of his body, about 15 feet away from Van Dyke, walking away from him and other officers who had responded to a report that McDonald was trying to break into vehicles. The teen had punctured the tire of a squad car.

After the video’s release, Mayor Rahm Emanuel fired the police superintendent, Garry McCarthy, who’s now running for mayor. Emanuel came under intense criticism for his handling of the case and recently announced he’s not seeking a third term, though aides say the shooting wasn’t a factor.

Jon Loevy, a lawyer whose firm has won at least $300 million in verdicts and settlements in police cases over 20 years, says policymakers haven’t paid enough attention to the damage caused by all these incidents. “Nobody has spent the political capital in the past to reinforce necessary changes,” he says. “It wasn’t high enough on anybody’s list to make the reforms they’re finally trying to make now.”

The McDonald shooting, he adds, has resonated so much because the video and officer statements reinforce long-held suspicions.

“The net result is there’s a trust deficit the police are going to have to work hard to repair, because I think everybody in Chicago aspires to have a better relationship between the department and the community,” he says. “But it’s a two-way street.”
 
16 SHOTS


A podcast about the fatal police shooting of Laquan McDonald, the trial of Officer Jason Van Dyke, and the troubled relationship between African-Americans and the Chicago Police Department.

Brought to you by WBEZ Chicago and the Chicago Tribune.

LISTEN TO THE PODCAST

https://16shots.wbez.org/


Hear the first episode
Editor's note: This page was last updated Sept. 14, 2018.

Chicago hardly noticed when a white cop fatally shot a black 17-year-old in the middle of the street in October 2014. Laquan McDonald, who was carrying a knife, was the 14th person the city’s police had shot dead that year, and the days that followed saw no newspaper obituaries, no press conferences, and no large protests.

But McDonald’s death rocked Chicago 13 months later when a judge ordered the city to release a police dashcam video of the shooting. The infamous recording shows Officer Jason Van Dyke exit a police SUV and — within seconds — fire 16 shots at McDonald. Police reported McDonald had been swinging a knife at officers, but the video shows the teen walking away.

The fallout was swift: Officers were accused of a cover-up, the top cop was fired, and the U.S. Justice Department launched a probe into the city’s police department.

Now, Van Dyke will stand trial. Cops around the country have almost never faced prison time for on-duty shooting deaths. Will this be the rare officer found guilty of murder?

Whatever the verdict, the outcome could have profound consequences for the city.

WBEZ Chicago and the Chicago Tribune teamed up to make a podcast that examines the shooting, the fallout, and the trial. Get the backstory with our first episodes and stay tuned for coverage as the trial proceeds.

Here are answers to some of the most commonly asked questions about the shooting and trial.

What's in the video?
The video shows Van Dyke shooting McDonald.

What was Van Dyke charged with?
Murder, aggravated battery, and official misconduct.

Is Van Dyke in jail while awaiting trial?
No. Van Dyke posted bond and has been living at home.

Was there a police cover-up?
That will be determined at a different trial.

Why has it taken so long for the trial to start?
It’s actually not that unusual for Cook County murder defendants to wait years for a trial.

Who will decide the verdict?
A jury.

Who will be witnesses in the trial?
A witness list has not yet been released.

How long will the trial last?
Unknown.

How many years could Van Dyke be in prison?
Zero to life.
 
Podcast is hard to listen too..



16 SHOTS
Here’s What’s Happened In The Courtroom Since A Chicago Cop Was Charged With Murder Nearly 3 Years Ago


By WBEZ STAFF


Editor's note: This page was last updated Sept. 14, 2018.



Chicago Police Officer Jason Van Dyke fatally shot Laquan McDonald in the middle of a Southwest Side street on Oct. 20, 2014. The shooting was captured on video by a police dashcam.

The city kept that video hidden from the public for more than a year. When a judge finally forced its release, the recording was viewed by millions of people and the fallout was rapid. But the murder case against Van Dyke has moved much slower. Lawyers for both sides have spent years arguing about everything from where the trial should take place to what evidence should be allowed.

The trial is now underway. Officers around the country rarely face prison time for shootings. Will this be the rare cop found guilty of murder?

Here’s a recap of courtroom developments and a preview of what’s next.

For more, subscribe to the 16 Shots podcast. You can find it on Apple Podcasts, Pocket Casts, orwherever you get your podcasts.

TRIAL TRACKER
Click for more about each step

https://16shots.wbez.org/trialtracker/index.html


NOV. 24, 2015
Murder Charges
AUG. 4, 2016
Special Prosecutor Appointed
JAN. 10, 2017
Attempt To Dismiss Charges
JAN. 10, 2017
Access to Juvenile Records
MARCH 16, 2017
16 New Charges
MAY 4, 2018
Closed Hearing
AUG. 3, 2018
Decision On Moving The Trial
SEPT. 5, 2018
Jury Selection
SEPT. 14, 2018
Jury Or Judge?
WE ARE HERE.
SEPT. 17, 2018

Opening Statements
Prosecutors Present Their Case
Lawyers Defend Van Dyke
Closing Arguments
Verdict
 
Chicago cop on trial for Laquan McDonald killing testifies: 'His eyes were bugging out'
Aamer Madhani, USA TODAYPublished 3:36 p.m. ET Oct. 2, 2018 | Updated 5:01 p.m. ET Oct. 2, 2018
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CHICAGO – Police Officer Jason Van Dyke testified Tuesday in his murder trial for the on-duty shooting death of Laquan McDonald, insisting in his court testimony that he acted in self-defense in the controversial killing of the black teen.

The October 2014 shooting death of 17-year-old McDonald – captured in a chilling police video that was eventually made public – became a touchstone in the larger conversation about policing in African-American communities.

"His face had no expression, his eyes were just bugging out of his head," Van Dyke said of McDonald. "He had these huge white eyes just staring right through me.”

Police were called to Chicago’s southwest side the night of the shooting on reports of a suspect breaking into trucks and stealing radios. They found McDonald with what they say was a knife with a 3-inch retractable blade.

Police dashboard camera video of the shooting – footage the city was forced by court order to make public 400 days after the incident – appeared to show that McDonald, holding the small knife, was walking away from officers toward a chain-link fence when Van Dyke fired his service weapon. An autopsy later revealed that the teen, who had a history of mental illness, had PCP in his bloodstream.

Van Dyke, who grew emotional and stifled tears during his hour-long testimony, said McDonald raised his knife from his side to his shoulder as the teen approached him and other officers, something that police dashcam video of the incident does not show.

But Van Dyke said the angle of the video simply misses the teen raising his knife.

"The video doesn't show my perspective," Van Dyke said. He later added, "I thought the officers were under attack. The whole thing was shocking to me."

Van Dyke opened fire within six seconds of exiting his police vehicle, he told jurors. Within 1.6 seconds, he said, McDonald was on the ground, never to get up again.


Van Dyke nevertheless continued to fire at McDonald for another 12.5 seconds — firing a total of 16 shots, prosecutors say.

Jody Gleason, the assistant state prosecutor, retorted during her questioning, “You could have ended it all the minute he hit the ground."

Van Dyke said he kept shooting because he saw McDonald continue to grasp the knife and refused his commands to let it go. The officer said he attempted to shoot at McDonald's right arm and hand, which was holding the knife.

"He started to push up with his left hand off the ground," Van Dyke said who teared up through his testimony.

Van Dyke says he and his partner, Joseph Walsh, were getting coffee when they heard a call from dispatchers that reported McDonald had slashed a tire of a police car. He said the two rushed to the scene upon hearing the call of officers in distress.

Laurence Miller, a Boca Raton, Fla.-based psychologist who evaluated Van Dyke at the behest of the officer's defense team, said Van Dyke told him during an evaluation that he heard the radio traffic about the popped tire and asked Walsh, "Why didn’t (other officers) shoot them if he was attacking them?"

When Van Dyke and Walsh initially approached McDonald in their squad car, Van Dyke said he wanted to try to knock the teen to the ground with his car door. He said Walsh told him they were too close and to close the door and stay in the car.

In his initial account to investigators following the shooting, Van Dyke said he backpedaled as McDonald approached him and other officers. Under cross-examination, Van Dyke acknowledged that wasn't the case.

"After seeing the video countless times, I know I didn’t backpedal," Van Dyke said.

Miller said in his testimony that he was confident that Van Dyke was recounting the incident as he recalled it.

"I believe Jason Van Dyke told me the truth as he perceived that truth," Miller said.

Van Dyke said he never had to shoot his weapon in his 13 years as an officer prior to the McDonald shooting, despite being involved in several incidents where a suspect was armed with a knife or gun.

“I’m very proud of that,” Van Dyke said.

Tina Hunter, McDonald's mother, left the courtroom prior to Van Dyke taking the stand, said the Rev. Marvin Hunter, the teen's great-uncle.


https://www.usatoday.com/story/news...-black-white-officer-murder-trial/1499891002/
 
Closing Arguments And Jury Deliberations
Closing arguments are expected on Oct. 4, 2018. Once lawyers from both sides conclude their final statements, the jury will be sent to deliberate on a verdict. For each of the 19 counts, the jury will decide if Van Dyke is innocent or guilty. They could also not come to an agreement on any one of those counts. If that's case, prosecutors can decide to retry him on any count where the jury was unable to reach a decision.
 
Guilty, guilty, guilty......found guilty on
16 guilty charges of aggravated battery
1 guilty charge of 2nd degree murder....
 
Was he found guilty yes or no that’s all I’m concerned with
yep......on all counts except the last one......which was official misconduct.
he can get a minimum of 6 years for each round he fired......maximum 30 years....
not sure what the sentence is for 2nd degree murder is in Illinois.
either way.....he gonna spend the rest of his life in prison.
the judge denied his bail.
 
A jury also convicted the cop of 16 counts of aggravated battery — one for each time he shot the teenager.

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POOL NEW / REUTERS
A Cook County jury delivered a verdict in the murder trial of Chicago Officer Jason Van Dyke, charged in the 2014 on-duty shooting death of Laquan McDonald.



Jason Van Dyke, the Chicago police officer charged with murder in the 2014 shooting death of teenager Laquan McDonald while on duty, was found guilty on Friday.

A Cook County jury convicted Van Dyke guilty of second-degree murder, as well as 16 counts of aggravated battery ― one for each bullet he fired into McDonald, 17. He was acquitted of official misconduct, and a charge of first-degree murder was vacated for the second-degree conviction.

Judge Vincent Gaughan revoked bail and ordered Van Dyke taken into custody to await sentencing later this month. The officer faces up to 20 years in prison for the second-degree murder charge, and each aggravated battery charge carries a maximum sentence of six to 30 years.

The jury deliberated for less than eight hours over two days in the case, in which Van Dyke faced the possibility of life in prison for shooting McDonald on a Chicago street in October 2014 ― much of the confrontation captured on a police car dashcam.

Van Dyke showed little emotion as the verdict was read by the foreman of the jury, which consisted of eight women and four men. He was promptly led out of the courtroom after the verdict.

Chicago police were on high alert as the city prepared for the verdict in the rare trial of an officer accused of murder for an on-duty killing. Hundreds of police were seen packing street corners and city parks. Jurors, who deliberated for five hours on Thursday and about 2 1/2 more on Friday, were sequestered by Judge Vincent Gaughan and kept at an unidentified hotel overnight.

Protesters and police had reportedly surrounded the courthouse before the verdict was read. There were reports that some workplaces allowed employees to go home early, and that some Chicago schools were on “soft lockdown” or let students go home in preparation for anticipated protests.

During the trial, Van Dyke testified in his own defense that he feared for his life and that McDonald was behaving erratically (an autopsy revealed PCP in his system). His defense team cited a state law that allows officers to use deadly force if it’s necessary to stop a fleeing suspect who has committed a felony while using a deadly weapon, according to Vice News. McDonald was carrying a knife at the time, but the dashboard camera footage refuted Van Dyke’s claim that the teen was aggressively swinging the blade at him.

Three other officers await trial on charges of trying to cover up the killing and obscure the investigation.



Assistant prosecutor Jody Gleason argued that Van Dyke had no right to fire even one shot, let alone 16, including several that struck the teen in the back, and while he was already on the ground.

“It’s Jason Van Dyke firing bullets, ripping into the flesh of Laquan McDonald 16 times. That’s not justified, that’s not necessary — that’s first-degree murder,” prosecutor Joseph McMahon told jurors, according to NPR. He urged jurors to convict on first-degree murder and aggravated battery.

Van Dyke’s lawyer, Dan Herbert, compared the scene that night to a monster movie, telling jurors that McDonald had attacked a truck driver and slashed a police vehicle’s tires just before he was shot.

“When a monster turns and looks at the victim, that’s when the music starts to play,” the defense lawyer said.

Two alternative jurors who were dismissed from the trial on Thursday said they would have leaned toward finding the officer guilty of murder, according to the Chicago Tribune.

One of them, a white woman, noted that other officers on scene that night didn’t use deadly force.

“Where was [McDonald] actually causing an issue that Jason Van Dyke thought that he needed to use deadly force? I just didn’t understand that,” the alternative juror told the newspaper.

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I watched the verdicts come in earlier, and it's great that he's been found guilty
but I'm holding celebrations until I learn his sentence, as cacs will cac.
 
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