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CHICAGO (AP) – Lawyers involved in the trial of a Chicago white cop accused of murder during the shooting of black teenager Laquan McDonald in 2014 described what the video of the deadly encounter proved just before the jurors retire to begin deliberating.
In closing arguments Thursday, Attorney Jody Gleason pointed to a video of Jason Van Dyke's camera filming McDonald's 16 times while the teenager was holding a knife at 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.
"None of this has happened," she said. "You saw it on video. He invented it.
But Van Dyke's lawyer, Dan Herbert, said the video, the centerpiece of the prosecutor's case, does not tell the whole story and is "essentially insane on the basis of the evidence" heard by the jurors . He pointed to the testimony of Van Dyke's partner that night, Joseph Walsh, who said he saw McDonald lift the knife, although 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," he said. He added, "It shows a perspective, but it's a bad prospect."
Herbert did not note that Walsh is one of three officers accused of conspiring to cover himself and lie about the shooting circumstances of October 20, 2014 to protect Van Dyke. The jurors were only told that Walsh was testifying under "use of immunity", which means that his testimony could not be used against him until he was truthful, but he had never been told about the allegations to which he was he was confronted.
The police met McDonald after a 911 call reported that someone had entered a vehicle. 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.
Gleason relied on the testimony of one of the defense witnesses, a psychologist who interviewed Van Dyke. Dr. Laurence Miller testified that when Van Dyke heard on the radio that McDonald had a knife and punctured the tire of a squad car, he told his partner, "Oh my God, we're going to have to shoot on the guy. "
Gleason said Van Dyke had decided what he would do even before arriving at the scene.
"Laquan McDonald was never going home that night," she said.
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."
Van Dyke is charged with first degree murder, serious abuse and malpractice. The judge told the jurors, just before their withdrawal, to start deliberating, that they would have the opportunity to sentence the officer to the lowest charge of second degree murder. First degree murder is punishable by a maximum sentence in perpetuity. If he is convicted of second degree murder, Van Dyke could be sentenced to 15 years imprisonment or more, but probation is also an option with this charge.
The jury, which deliberated for nearly five hours Thursday before stopping for the day, is composed of eight men and four women. Seven are white, three Hispanic, one Asian American and one African American.
Two alternate jurors – a man and a woman – told reporters, after being fired by the judge, that they allegedly convicted Van Dyke. The man said he thought Van Dyke "should have waited a little longer." The woman said other officers had met McDonald that night and "they did not feel the need to use lethal force".
Three other substitutes have not been dismissed.
One of the last pictures the prosecutors showed 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," she said. She added, "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 with a simple gesture". Herbert then took the knife that had been presented earlier as evidence and dropped it on the floor in front of the jury box. Van Dyke testified that he had repeatedly asked the teen to drop the knife.
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.
"Did you see any evidence that race was related to this case?", He said. "When you have no evidence, you use arguments."
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 witnessed protests after the video of the shooting in November 2015, and activists planned their reaction to the verdict.
The verdict will be the last chapter in a story that led the police superintendent and the county's chief prosecutor to lose their jobs, one dismissed by the mayor and the other ousted by voters. It also led to an investigation by the US Department of Justice that revealed a "pervasive culture of concealment" and prompted plans for in-depth police reforms.
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For full coverage of the case by the PA: https://apnews.com/tag/LaquanMcDonald
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