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Murder of Laquan McDonald

On October 20, 2014, in Chicago, Illinois, Laquan McDonald, a 17-year-old boy, was murdered by Chicago Police officer Jason Van Dyke. Police had initially reported that McDonald was behaving erratically while walking down the street, refusing to put down a knife, and that he had lunged at officers. Preliminary internal police reports described the incident similarly, leading to the shooting being judged as justifiable, and Van Dyke not being charged at the time. This was later disproved after a video of the encounter was released, showing that McDonald was walking away from Van Dyke at the time.

Profiles
Laquan McDonald Laquan Joseph McDonald (September 25, 1997 – October 20, 2014) was from the 37th Ward of Chicago. According to NBC Chicago news, McDonald earned $1,100 working after school in the Youth Advocate Program in 2014. His final report card showed that he had earned an A in personal finance and music, a B in world studies and reading, and Cs in biology and algebra. He had a younger sister and brother. One of McDonald's teachers described him as "very respectful and reserved". Toxicology reports later revealed that McDonald had PCP in his blood and urine at the time of the encounter with police. Defense expert pharmacologist James Thomas O'Donnell testified that the amount found was enough to suggest he had taken the drug on the day of the shooting, and that it could cause "significant bizarre behavior". Jason Van Dyke Jason D. Van Dyke (born 1978) was born in Hinsdale, Illinois, and graduated from Hinsdale South High School in 1996. He earned a bachelor's degree in criminal justice from St. Xavier University in Chicago. Since 2001, some 20 citizen complaints had been filed against Officer Van Dyke, but none resulted in disciplinary action. Ten of the complaints allege he used excessive force, and two involve the use of a firearm. A jury awarded a Chicago man $350,000 after determining Van Dyke employed excessive force during a traffic stop. One complaint involved verbal abuse by Van Dyke, who was alleged to have used a racial slur. Van Dyke was involved in preparing questionable documentation of a separate shooting in 2005. According to CNN, "the Chicago Police Department has about 12,000 officers. Like Van Dyke, 402 officers have 20 or more complaints on file in the database. The most complaints against any officer, according to the database, is 68. The database shows that of the 20 complaints against Van Dyke, none resulted in discipline. Five complaints in the database were "not sustained", five were unfounded, four resulted in exoneration, five had unknown outcomes, and one resulted in no action taken." ==Events==
Events
Shortly before 10:00 p.m., police were called to investigate McDonald at 4100 South Pulaski Road, responding to reports that he was carrying a knife and breaking into vehicles in a trucking yard at 41st Street and Kildare Avenue. When officers confronted McDonald, he used a knife with a blade to slice the tire on a patrol vehicle and damage its windshield. McDonald walked away from police after numerous verbal instructions from officers to drop the knife, at which point responding officers requested Taser backup, according to radio recordings released December 30, 2015, to Politico and NBC Chicago in response to Illinois Freedom of Information Act requests. Video of the murder shows that Van Dyke was advancing on McDonald, while McDonald was walking away from Van Dyke when the first shot was fired. The first shot hit McDonald, who spun and fell to the ground. As McDonald lay on the ground, still holding the knife, Van Dyke fired more shots into him. In total, Van Dyke fired 16 shots at McDonald in 14–15 seconds, expending the maximum capacity of his 9mm semi-automatic firearm. Van Dyke was on the scene for less than 30 seconds before opening fire, and began shooting approximately six seconds after exiting his car. Initial police report The initial police portrayals of the incident, consisting of about 400 pages of typed and handwritten reports, prompted police supervisors to rule the case a justifiable homicide and within the bounds of the department's use of force guidelines. Van Dyke told investigators that he feared McDonald would rush him with the knife or throw it at him, and he also recalled a 2012 Police Department bulletin warning about a knife that was also capable of firing a bullet, as well as throwing knives and also spring-loaded knives capable of propelling the blade. One report noted that McDonald's knife, "was in the open position", but when announcing charges against Van Dyke, Cook County State's Attorney Anita Alvarez said that the knife was found folded at the scene. McDonald was shot in his neck, chest, back, both arms, and right leg, and he also had a graze wound on his left scalp. Nine of the sixteen shots hit McDonald's back, and he was shot as he lay on the ground. His death was ruled a homicide. Dash-cam video Five police videos of the murder are known to exist, including the view from a camera mounted in the marked police SUV that Van Dyke was riding in as he and his partner responded to the scene. The videos show that at least eight police vehicles responded to the scene, but as of 2015 no video had been released from the other three vehicles. and that they should "submit a ticket if they are unable to download digitally recorded data." There were no repair tickets requested by any of the three vehicles missing video on the scene that night. When video footage was initially released, it did not contain audio, although Chicago Police dashboard cameras should automatically record audio when the video recording is activated. According to a CPD video, "The in-car camera system automatically engages both the audio and the video recording when the vehicles' emergency roof lights are activated," and each vehicle has a front and rear camera and microphone. Another car's audio was disabled, as the microphones were in the glove compartment, with the batteries inserted backwards. For a third, a mobile start-up recorder was corrupted, and another camera was processing other video at the time. The Sun-Times published that a sergeant reported officers throwing their microphones on the roof of the Jefferson Park police station to the Internal Police Review Authority, a month and a half before the release of the Laquan McDonald dashcam video in an apparent protest against being recorded. Fraternal Order of Police president Dean Angelo defended officers in an interview, saying that operator error could be any number of accidents, adding, "Things always trickle downhill so it winds up the responsibility of the beat officer—God forbid it's the responsibility of the agency." Burger King surveillance video There was also a security camera at a nearby Burger King restaurant that possibly captured the shooting, but during the time of the shooting, there is a gap of 86 minutes in the recording. The manager of the restaurant said that on the night of the shooting, five Chicago police officers gained access to the video and passwords on the equipment, and that by the time the Independent Police Review Authority requested to view the footage the next day, it had been erased. The Tribune later obtained footage showing a Chicago police employee working on the restaurant's computers after the shooting. $5 million settlement Attorneys for the estate of Laquan McDonald entered into negotiations with the City of Chicago to settle claims arising out of his murder. The Chicago City Council approved a $5 million settlement to McDonald's family on April 15, 2015, Emails from the mayor's office surrounding the case later revealed the settlement deal was finalized the day after the Mayor of Chicago, Rahm Emanuel, secured his second term by a run-off election. Aldermen were not shown the dash-cam video before approving the settlement, although city Corporation Counsel Stephen Patton said that the existence of the video influenced the council's decision to settle before a lawsuit, and details about the video were given to the Finance Committee during a hearing. Dick Simpson, a UIC political scientist and former Chicago alderman, said "It's odd, not only in this case, but maybe in others, that there isn't more debate on the floor, because that's where the public gets informed." ==Legal proceedings==
Legal proceedings
Requests for documents Reporters noted inconsistencies between the narrative police told reporters, the autopsy, and an anonymous eyewitness account before the video was publicly released. A whistle-blower expressed concern over the handling of the McDonald shooting a few weeks after the shooting, revealing "that there was a video and that it was horrific", to journalist Jamie Kalven and attorney Craig Futterman. The pair issued a statement calling on Chicago police to release the dash-cam video of the incident. When the request was denied, Smith, through his attorney Matt Topic, filed a lawsuit against the City of Chicago in Cook County Circuit Court. Illinois Attorney General Lisa Madigan sent a letter to the Police Department the day before a court hearing, stating that they cannot withhold the video. She said that they had not substantiated their claim that releasing the video would interfere with an ongoing investigation or jeopardize a fair trial if any officer was charged. On November 19, Cook County Judge Franklin Valderrama denied the city's request for a stay, ordering the video to be released to the public no later than November 25. The city did not appeal the judge's decision. On November 24, after a press conference, the video was released that showed an officer fatally shooting McDonald. The video does show that McDonald was swinging the knife in his right hand in a wide, but aimless manner as he walked down the street, and also appears to show that McDonald turns slightly to look briefly at Van Dyke and another officer who are pointing guns at him, but that he continues to walk away from both officers at the moment Van Dyke opens fire on him. On December 2, 2015, Illinois Attorney General Lisa Madigan asked the U.S. Justice Department to launch a separate civil rights investigation of Chicago police tactics. He was initially held without bail at Cook County Jail for six days. Crowd funding website GoFundMe shut down a page that was set up to raise funds for his legal defense shortly after it had raised just over $10,000. On November 30, Van Dyke was granted bail, set at $1,500,000. He posted $150,000—ten percent of the bail—and was released from jail. The six counts of first-degree murder were: • Murder/Intent to Kill/Injure With Firearm • Murder/Strong Probability to Kill/Injure With Firearm • Murder/Intent to Kill/Injure Discharge Firearm • Murder/Strong Probability to Kill/Injure Discharge Firearm • Murder/Intent to Kill/Injure Discharge Firearm Proximately • Murder/Strong Probability to Kill/Injure Discharge Firearm Proximately On December 29, 2015, Van Dyke pleaded not guilty to the charges. Van Dyke's attorney, Daniel Herbert, said that his client feared for his life. Protesters yelled at him and called him names as he approached the courthouse for his arraignment. After the arraignment, Herbert said he was looking for evidence to clear his client's name. The case marked the first time in nearly 35 years that a Chicago police officer had been charged with first-degree murder for an on-duty fatality. Jury selection began on September 5, 2018, and the trial commenced on September 17. On October 5, 2018, Van Dyke was found guilty of second degree murder and 16 counts of aggravated battery with a firearm, but was acquitted of official misconduct. On January 18, 2019, Van Dyke was sentenced to 81 months (almost seven years) in prison for the second-degree murder conviction alone instead of the other more serious charges, which was contrary to Illinois Supreme Court precedent. Two of the justices authored dissenting opinions, stating the decision of the sentencing judge had been unlawful. Sometime after the assault, he was transferred to the Federal Correctional Institution, Otisville, New York. In November 2019, he was moved from the Otisville federal prison to a state prison outside Illinois. On February 3, 2022, Van Dyke was released from prison after serving 39 months of his 81-month sentence. He was eligible to be released early due to good behavior in prison. He was subsequently on mandatory supervised release, i.e. parole. Trial of March, Walsh, and Gaffney On June 27, 2017, three current or former Chicago police officers were charged with conspiracy, official misconduct, and obstruction of justice connected with a coverup of the shooting. Those charged were David March, the lead detective in this case, Joseph Walsh, Van Dyke's partner on the night of the shooting, and Thomas Gaffney. Their bench trial began on November 27, 2018. On January 17, 2019, Cook County Judge Domenica Stephenson found them not guilty of the charges. ==Reactions==
Reactions
Protests November protests , in response to recent video footage showing 17-year old Laquan McDonald being shot and killed by a Chicago police officer|189x189px After the release of the video on November 24, 2015, a few hundred people blocked the intersection of Roosevelt and Michigan avenues in protest. On November 25, 2015, more protests were held. On the second night of protest, marchers tore off lights from a public Christmas tree in Daley Plaza and multiple marchers were arrested. On Friday, November 27, a major day for Christmas shopping in the U.S., a group of protesters chanted "sixteen shots" and other slogans while marching on Michigan Avenue, the city of Chicago's central shopping district. This caused some businesses to shut their doors and the police closed Michigan Avenue, a six-lane street. December protests Board Hearing on December 9, 2015 A 16-hour sit-in at the Cook County building on December 3, 2015, proceeded after Alvarez refused to resign on December 2. On December 24, a month after the video had been published, protests disrupting Christmas-season shopping were again held on Michigan Avenue. Protesters also stood in the alley behind Emanuel's home the last three days in a row in December, promising to continue for 13 more days—to symbolize the 16 shots McDonald took from police—in an effort to force Emanuel to resign. On New Year's Eve, protesters temporarily took over parts of City Hall and a Hyatt hotel lobby, chanting "Rahm gotta go." January protests Over 100 African-American pastors boycotted the 30-year tradition of the Rev. Martin Luther King Jr. Interfaith Breakfast, hosted by Chicago's mayor Rahm Emanuel. The breakfast was attended by Rev. Matthew Ross, who interrupted the proceedings when he stood up and began to chant "16 shots and a cover-up" during a musical performance. The day after Martin Luther King Jr. Day, about 200 Black Youth Project 100 Chicago Chapter members, dressed in black T-shirts with the words "Fund Black Futures" written across them, blocked the entrance of the Chicago Patrolmen's Federal Credit Union in an effort to protest the Fraternal Order of Police's advocacy of the Chicago police department. City officials continue to deal with the aftermath of the McDonald shooting and are working to change the long-standing policy of keeping police shooting video under wraps. Protesters chanted "16 shots and a cover-up!" as Officer Van Dyke walked into court for a status hearing on January 29, 2016. February protests Laquan McDonald protesters hijacked a rally to support Apple's decision to fight back in the Apple–FBI encryption dispute in front of the Apple store on Michigan Avenue on February 24, 2016. Protesters started chants against Alvarez and Emanuel, but the crowd dispersed after several in the crowd got into a shoving match with police. March protests A rally started at State and Jackson consisting of "less than 50 people" on March 2, 2016, to mark 500 days since the shooting of Laquan McDonald. Other protesters were arrested for blocking the flow of traffic on Adams near Michigan Avenue. Other reactions On November 25, 2015, Senator and presidential candidate Bernie Sanders released a statement sending condolences to McDonald's family and criticizing the Emanuel administration and Chicago's police force. On November 29, 2015, Jabari Dean, a student at the University of Illinois Chicago, posted an online threat to kill 16 unspecified white males — one for every shot fired at McDonald, plus any white police officers who might intervene — at the university. The university announced that classes would be cancelled the next day. The same day, the FBI arrested Dean, who was charged with "transmitting in interstate commerce communications containing a threat to injure the person of another." Federal prosecutors stated they did not believe Dean had the means to carry out the attack he had threatened. The federal charge was later dropped against Dean. Chance the Rapper referred to the shooting on Saturday Night Live on December 12, 2015. He would refer to the shooting again on his second appearance on the show with Kanye West on February 13, 2016. On June 2, 2016, Vic Mensa released a song entitled "16 Shots", referring to McDonald's death. ==Aftermath==
Aftermath
Chicago Police Accountability Task Force On December 1, 2015, Rahm Emanuel created the Chicago Police Accountability Task Force, led by then-President of the Chicago Police Board Lori Lightfoot, "to review the system of accountability, oversight and training that is currently in place for Chicago's police officers." The Task Force's final report, published April 13, 2016, found racism and systemic failures in the city's police force, validating complaints made for years by African-American residents. Firing of Superintendent Garry McCarthy Emanuel fired the head of the Chicago Police Department, Superintendent Garry McCarthy, on December 1, 2015, under political pressure from protesters. McCarthy knew of the dash-cam video a few weeks after the shooting and stripped Officer Van Dyke of his police powers. Due to the IPRA investigation under way, McCarthy could not fire the officer, nor discipline him or put him on a "no pay" status. Calls for Anita Alvarez's resignation Cook County State's Attorney Anita Alvarez was criticized by political challengers and others for the delay in the release of the dash-cam video, which she viewed weeks after the shooting, Calls for her resignation came from within her own party, including Cook County Board President Toni Preckwinkle. As of December 2, 2015, Alvarez had refused to resign, which prompted a 16-hour sit-in by protesters at the Cook County building on December 3, 2015. Alvarez said she had been cooperating with the FBI investigation since November 2014, and asked her critics why she would call in the FBI if she was attempting a cover-up. Alvarez lost her bid for reelection in the March 2016 primary, earning 29 percent of the votes. Challenger Kim Foxx, who ran on a platform of criminal justice reform, won with 58 percent of the votes, and went on to win the general election. Calls for Rahm Emanuel's resignation McDonald's killing occurred four months before Emanuel faced a difficult campaign for reelection in February 2015. (He failed to win the majority and was elected by 56 percent in a runoff election—the first in Chicago's history— against Jesús "Chuy" García.) The delayed timing of release of the video, the Chicago City Council's awarding the family $5 million within weeks of McDonald's death, prompted some commentators to accuse the city of cover-up. Journalist Ben Joravsky wrote in the Chicago Reader: Just imagine [if] Mayor Emanuel had released the video in, say, November [2014]—without being forced to by a lawsuit.... But of course, he didn't do the right thing. He buried the video. He allowed officials to mislead the public. He hid the tapes because most likely he [...] assumed it would hurt his reelection campaign. Thus he not only did the immoral thing, he did the politically stupid thing. Cook County state's attorney Anita Alvarez probably would've quickly responded with an indictment—just like she did earlier this week, when the tape actually was released. I mean, it's really hard to look at that tape and not call for an indictment. If the mayor had done that, he wouldn't be the villain in this sordid story. He'd be the hero. Or at least the guy who finally, for once in his life, did the right thing. Emanuel subsequently created the Task Force on Police Accountability to review current training and oversight for Chicago's police officers. He also maintained he never saw the dash-cam video until it was publicly released and would not resign. There was no legal mechanism to force Emanuel's resignation. State representative La Shawn K. Ford filed House Bill 4356 to set up the mechanism for a recall election, but it was not passed. Illinois Republican governor Bruce Rauner said he would sign such a bill. Video released of shooting of Ronald Johnson III On December 1, 2015, the city announced that there was a video of a fatal police shooting that took place on October 12, 2014. who shot Ronald Johnson III in the back during a foot chase. The officer opened fire seconds after arriving on the scene, when Johnson was moving away from police. Johnson was allegedly a known gang member and also allegedly armed; a gun was recovered at the scene. The attorney for Johnson's family contends police planted the weapon. Officers at the McDonald scene were waiting for a Taser to arrive before Van Dyke shot the suspect. At that time, 21.5 percent of officers had been trained to use a Taser. Dean Angelo, president of the Chicago chapter of the Fraternal Order of Police, said on the subject: "I know there are people on the job for 9 or 10 years who have not been trained. I can't say they have all requested training, but I am sure some have. It's very hard to get the proper training as a Chicago police officer and that's something that has been going on for a very long time. There is certainly a percentage of my members who believe that the Chicago Police Department doesn't offer the same level of training, or the same opportunities to obtain training, as many other police departments in the country. I think the general attitude is that's just 'Welcome to the Chicago Police Department.'" split across seven PDFs regarding the McDonald case and other police-related matters were obtained under the Illinois Freedom of Information Act. The timing of the release (on New Year's Eve) has been described by reporters as "strategic". The exchanges show that the mayor's staff had been communicating with both the IPRA and the office of the Cook County state attorney since the October 2014 shooting. They document fact-gathering and news-monitoring, to crafting a unified "message" on how to respond to media inquiries regarding the McDonald shooting. The emails included several highly redacted speech drafts to use if the video was released, The emails also cover the topics of discrepancies between the police reports and dash-cam video, the lack of audio on the dash-cam videos (which senior mayoral adviser David Spielfogel noted: "The number of malfunctions seems a bit odd."), express exasperation with statements made by the IPRA, note the missing Burger King footage, and reports on protests and social media activity—all of which is highly redacted. Aides to the mayor have responded that the communications were routine and did not interfere with the IPRA's investigation. In August that year, Attorney General Lisa Madigan ruled that emails on personal accounts that pertain to public business must be disclosed to the public. Her ruling was a binding opinion, requiring CPD to search the officers' email accounts and comply with the decision within 35 days. CPD appealed the ruling in court, and lost in September 2017. Ultimately, CNN never received the emails that it had requested. Each of the officers, individually or through their attorneys, either refused to provide emails, ignored the request, or denied having any relevant emails. Two recommendations that officers be fired On August 16, 2016, inspector Joseph Ferguson recommended that 10 officers be fired, followed up by Superintendent Eddie T. Johnson's recommendation on August 18, that 7 police officers be fired for false or misleading statements made about the incident. 2017 DOJ report and repercussions DOJ announced the completion of their investigation and issued a "scathing report" in early January 2017, noting problems in a police culture of excessive violence, especially against minorities; and lack of training and oversight. DOJ and the city have a preliminary agreement to undertake broad reforms for improvement, with the goal of increasing the safety of both citizens and officers. It noted the department's improvements, such as training in de-escalation to avoid use of force, issuance of Tasers, officers wearing body cameras, and the reshaping of a police oversight body. Also in January 2017, the city and DOJ signed "an agreement in principle to work together, with community input, to create a federal court-enforceable consent decree addressing the deficiencies uncovered during the investigation. An independent monitor, who has yet to be chosen, will oversee compliance." In February 2017, U.S. Attorney General Jeff Sessions signaled that the Trump administration would "pull back" on federal civil rights probes of local police departments. He would not commit to enforcing the consent decree signed by Chicago and the Department of Justice. In June 2017, Mayor Emanuel backed off his commitment to enter a court-enforced agreement with the federal government. He said that an independent monitor selected by the city could work with the Justice Department to pursue police reforms without court oversight. Later that month, a group of civil rights organizations filed a federal lawsuit seeking court enforcement of police reforms. Also in June, Toni Preckwinkle, the president of the Cook County Board of Commissioners, and Jesús "Chuy" García, another member of the Cook County Board, advocated for judicial oversight, as did Chicago Inspector General Joseph Ferguson. In August 2017, Illinois Attorney General Lisa Madigan filed a lawsuit in federal court requesting that a judge oversee police reform in Chicago. In July 2018, Chicago mayor Rahm Emanuel and Illinois attorney general Lisa Madigan announced a proposed court settlement that was the first draft of a consent decree that would eventually serve as a court-enforced mandate governing reforms of the Chicago Police Department. ==Documentary film==
Documentary film
16 Shots is a documentary film about the shooting of Laquan McDonald and the subsequent police cover-up. It was directed by Richard Rowley, and produced by Jacqueline Soohen and Jamie Kalven. Originally titled The Blue Wall, it premiered on May 1, 2018, at the Hot Docs Canadian International Documentary Festival in Toronto. Rowley subsequently updated the film to include later events, and re-titled it 16 Shots. The revised documentary premiered on June 14, 2019, on the Showtime network. ==See also==
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