Jason Van Dyke Verdict: Chicago officer convicted of second degree murder in Laquan McDonald case



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CHICAGO (WLS) –

Jason Van Dyke, a Chicago white policeman who killed Laquan McDonald, a 17-year-old black man, was convicted on Friday of second degree murder and 16 aggravated battery chiefs. Van Dyke was found not guilty of professional misconduct.

Van Dyke seemed helpless in reading the verdict and placing him in pre-trial detention.

The verdict is the last chapter of a story that led the Superintendent of Police and the County Attorney General to lose their jobs, one dismissed by the mayor and the other overturned by the voters . It also led to a US Department of Justice investigation that revealed an "omnipresent culture of concealment" and prompted in-depth police reform projects. Three officers were accused of conspiring to cover up what happened that night to protect Van Dyke.

Van Dyke, 40, was the first Chicago officer to be charged with murder for a shootout that had been in service for more than 50 years.

WATCH: verdict read in Jason Van Dyke's lawsuit

Outside the Chicago City Hall, dozens of protesters gathered and cheers broke out Friday afternoon. Walkers took to the streets of downtown Chicago to celebrate the verdict by closing the streets. Thousands of loop workers were asked to leave their offices following the announcement that a verdict would be read, shipping trains from downtown around noon.

Trial jurors Jason Van Dyke: "We did not come here for the race. We came here for good and bad & # 39;
Protesters shut down the streets of Chicago

"We have not finished!" And that's just the beginning! "Frank Chapman told the crowd with a megaphone.

The group continued to tear up the mayor and politicians of the city, who deliberately retained the Laquan McDonald dashcam video, released in November 2015, the same day Van Dyke was charged and more than a year old. after the murder of the teenager.

Laquan McDonald, Stephon Clark and other members of the police were shot dead who shocked the nation

Another protester warned politicians, "We will take your place", referring to an impending "black wave".

Van Dyke was charged with first degree murder, 16 battery charge counts aggravated with a firearm – one for each shot – and misconduct on the part of the official police when the shooting in October 2014.

WATCH: Jason Van Dyke in custody

Timeline: Shot of Laquan McDonald, Jason Van Dyke case

What is the difference between first- and second-degree murder?

First degree murder is punishable by 20 years of life imprisonment. The jury was able to consider second degree murder, which varies greatly from probation to 20 years. Second degree murder is considered first degree murder with a mitigating factor, the judge explained before the foreman reads the verdict of the jury.

First-degree murder requires the conclusion that the shooting was unnecessary and unreasonable. The judge told the jury that the second-degree charge required them to discover that Van Dyke thought his life was in danger, but that this belief was unreasonable.

An aggravated battery with a firearm results in a sentence of six to 30 years per charge.

"We looked at the mitigating factor of how he perceived his actions, the imminence and increasing risk, and the reason he had taken that action.But we decided that it was unreasonable to take this measure.But we took into account what he thought when he was taking this action, "said one juror.

Laquan McDonald Shooting, Dashcam video

Police met McDonald on October 20, 2014, after a 911 call reported that someone had entered vehicles. When Van Dyke arrived, the police surrounded the 17-year-old man in a street in the city. An officer with a Taser was only 25 seconds away.

Van Dyke claimed to have opened fire on the teenager who was holding a small knife because he feared for his life and that he had continued to shoot after McDonald's was down because he thought that It was always a threat.

Prosecutors claimed that each shot was a crime and deprived McDonald of his chances of survival.

WATCH: The Prosecution presents its closing arguments and refutes its closing arguments

Attorney Jody Gleason seized the testimony of one of the defense witnesses, a psychologist who interviewed Van Dyke.

Dr. Laurence Miller stated that when Van Dyke heard on the radio that McDonald had a knife and punctured the tire of a squad car, he had said to his partner, "Oh my God, we we'll have to shoot the guy. "

Gleason said Van Dyke had decided what he would do before even arriving at the scene.

"Laquan McDonald will never go home tonight," she said.

Gleason pointed to the video of the dashcam, which showed Van Dyke shooting McDonald's 16 times while the teenager was holding the knife by his side. She noted that Van Dyke told investigators that McDonald was lifting the knife, that Van Dyke was being demoted and that McDonald was trying to get up after being hit.

Gleason told the jury that although police officers are allowed to use lethal force in certain circumstances, they are not part of it.
"They do not have the right to use lethal force simply because you will not surrender to their authority," she said. "It's not the Wild West here … where an officer can shoot an individual … and try to justify it later."

WATCH: Defense presents closing arguments

Van Dyke's lawyer, Dan Herbert, said that the video of the dashcam, the centerpiece of the prosecutor's case, does not tell the whole story and that it's "essentially meaningless." given the evidence "that the jurors heard.

He pointed to the testimony of Van Dyke's partner that night, Joseph Walsh, who said he saw McDonald lift the knife, even though the video does not show it. Van Dyke made similar statements on the witness stand, telling the jurors that he feared for his life and acted in accordance with his training.

"Video is not enough," said Herbert. "It shows a perspective, but it's the wrong perspective."
When asked how they were bowed, one of the deputies said, "I would say guilty, he should have waited longer, I mean, he knew the Taser was coming." That's what he said. all done for me. "

"Where was he causing a problem that, you know, Jason Van Dyke thought he had to use deadly force?" the other alternate juror said. "I just do not understand that."

Among the reactions released Friday following the verdict, the Mayor of Chicago, Rahm Emanuel, and the Superintendent of Police. Eddie Johnson issued a joint statement saying:

In recent weeks, a jury has heard testimony, weighed evidence and examined the facts of the Van Dyke case. Today, the jury has delivered its verdict. As we embrace their decision, continue to hear and associate – as public servants, police and members of the public – and ensure that our collective mission is one that lasts for generations to come. We come from many neighborhoods, many places and many places around the world. But for all of us, it's our home. This is the city we love. We have heard this message many times over the past few days and weeks in the basements of churches, at community meetings and from the people in our neighborhoods. And although the jury has heard the case and reached its conclusion, our collective work is not over. Efforts to achieve sustainable reform and restore trust between residents and the police must continue vigorously.

Jason Van Dyke Trial

Before the verdict, the judge asked everyone present in the courtroom to remain calm and asked those who felt that they could not reasonably react to leave. A woman from the Laquan McDonald family group stood up and left the room before reading.

On Friday morning, the jury sent a note to the court asking the defendants whether the charge of the battery was heavy to determine the order of the shots or only the total number of shots.

During the trial, the medical examiner testified that she could not determine the order of the shots in the autopsy findings, but that she was showing the jury every gunshot wound to the feet and what was the effect on Laquan McDonald when he died.

The judge asked the jurors to consider only the number of shots fired.

LIVE BLOG: Jason Van Dyke's lawsuit on the murder of Laquan McDonald

The jury, which lasted about seven hours in total on Thursday and Friday, was composed of eight men and four women. Seven are white, three Hispanic, one Asian American and one African American.

One of the latest pictures that prosecutors showed to the jurors was an autopsy photo of McDonald's body. Gleason has noted ball entry and exit holes.

"Laquan's body was riddled, broken and bleeding," Gleason said. "He even had bullet fragments in his teeth."

Herbert explained that McDonald was to blame for what had happened that night, saying that "the tragedy … could have been avoided in one step".

Herbert then took the knife that had been presented as evidence in a dramatic fashion and dropped it on the floor in front of the jury bench.

Herbert also reminded jurors that a prosecutor had briefly raised the issue of race in his opening statements, but that he had never addressed the issue again.

"Have you seen any evidence that the race had anything to do with this case?" he said. "When you have no proof, you use the argument."

When the jury began to deliberate, the Chicago Police Service canceled the days off and put the officers on 12-hour shifts. Another 4,000 officers will be in the street, according to spokesman Anthony Guglielmi. The city attended demonstrations after the broadcast of the video of the shooting. Massive demonstrations were expected around the City Hall in Loop, Chicago, after reading the verdict.

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