Exclusive: Chicago cops not endangered when officer shot Black teen 16 times
NEW PITTSBURGH COURIER
by George E. Curry
(George Curry Media) WASHINGTON—None of the other policemen present when Officer Jason Van Dyke’s riddled 17-year-old Laquan McDonald’s body with 16 bullets on Oct. 20, 2014 ever felt their life was in danger, Stephen R. Patton, the head of the city’s law department, testified earlier this year. Patton, Chicago’s corporation counsel, shared that conclusion April 13 when he testified before the Chicago City Council Finance Committee, chaired by Edward M. Burke. A 15-page transcript of the hearing recorded by McGuire’s Reporting Service has been obtained by George Curry Media. The hearing, held shortly after Rahn Emanuel was reelected mayor, was called to consider a proposed $5 million settlement with McDonald’s estate. Initially, lawyers for the Black teen slain by the White police officer as he was walking away had sought a $16 million settlement, according to Patton. However, through a series of negotiations, that figure was reduced to $5 million, including all attorney fees and costs. Officer Van Dyke, who was jailed and released on $1.5 million bond, contended that McDonald was walking toward him and he felt his life was in danger.
However, police department dash-camera video clearly show that McDonald was walking away when he was shot repeatedly by Van Dyke, mostly while he was already on the ground in a fetal position. Patton made a strong case for settlement, which is ultimately provided from taxes paid by Chicago residents. In the transcript, the victim’s first name was incorrectly spelled LaQuan instead of Laquan and Van Dyke was referred to as Officer A because of an agreement between the city of Chicago and the Fraternal Order of Police prohibiting the city from revealing the name of an accused officer prior to his or her identity being disclosed in legal proceedings. “...The attorneys for the estate will argue that Mr. McDonald did not pose any immediate threat of death or great bodily harm to Officer A and that instead McDonald, as I mentioned before, was walking away from the police when he was shot, and they will argue that the videotape supports their version of events,” Patton stated. He continued, “The estate or plaintiffs will also argue that their position that deadly force was not justified is demonstrated by the conduct of the other officers at the scene, none of whom fired their weapon at McDonald.
“This is kind of a unique case where we had the original two officers who arrived at the scene, followed Mr. McDonald for some number of blocks and matter of minutes and never saw fit to discharge their weapons. “It also applies to Officer A’s partner who is right beside him when they exited the police vehicle also got out of the police car with gun drawn but did not shoot. “So the plaintiffs will contend, if this matter were not resolved, that the unreasonableness of Officer’s A’s conduct is shown by the restraint that was demonstrated by the other five officers, none of whom discharged their weapons.” Patton stated, “Finally, the plaintiffs will point to the fact that there were no pedestrians, automobiles, other folks who were near
CHICAGO (AP)—A Chicago police officer will not be charged in the shooting of a 25-year-old Black man who authorities said was armed with a gun as he ran away from officers, prosecutors announced Dec. 7, the same day the U.S. Justice Department opened an investigation into patterns of racial disparity in the use of force by Chicago police. The investigation, an-
nounced by U.S. Attorney General Loretta Lynch, comes nearly two weeks after the release of a video showing a White Chicago police officer shooting a Black teenager 16 times. The investigation, which is separate from an existing federal investigation into last year’s shooting death of 17-year-old Laquan McDonald, also will review how the department disciplines officers and handles miscon-
duct accusations. Justice Department officials say they use such patterns-andpractices investigations to identify systemic failings in troubled police departments and to improve trust between police and the communities they serve. “This mistrust from members of the community makes it more difficult to gain help with investigations, to encourage victims and witnesses of crimes to
For New Pittsbugh Courier
DECEMBER 9-15, 2015
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McDonald at the time he was shot and as to which he might have posed an imminent danger.” The Better Government Association, an Illinois watchdog group, reported earlier this year that since 2004, Chicago has paid $521.3 million in settlements and legal fees growing out of police misconduct, violence and abuse. Another 500 cases are still pending. BGA reported, “Public records show the city paid $391.5 million in settlements and judgments over the last decade. More than a quarter, or $110.3 million, was related to 24 wrongfulconviction lawsuits. “A dozen of those 24 involved now-imprisoned former Chicago police Cmdr. Jon Burge, whose detectives were accused of torturing confessions out of
mostly Black male suspects over many years. Overall, the city has paid alleged victims of Burge detectives more than $57 million, records show.” The money paid in settlements does not include other costs such as higher insurance premiums and the cost of incarcerating innocent victims. With an extensive juvenile record, Laquan McDonald seemed headed toward a life behind bars. That was compounded—and perhaps caused—by a severely scared childhood. The Chicago Tribune chronicled McDonald’s early obstacles. “According to court records, McDonald’s father abandoned the family and had ‘no presence’ in his life. At 3, McDonald became a ward of the state when the Illinois Department of Children and Family Services took him into protective custody over allegations that his mother had neglected him, according to state records,” the newspaper reported. “He spent about two months in foster care before he was moved to a relative’s home and eventually back to his mother in 2002. But after just a little more than a year, he was again back in foster care when his mother’s boyfriend beat him, causing cuts, welts and bruises, according to the records.” The Tribune continued,
“McDonald was placed with his great-grandmother in 2003, and she eventually became his legal guardian. He lived with her for about a decade before she died in 2013 and he was placed with an uncle.” Ironically, McDonald was in the process of turning around his troubled life when he was shot to death by Officer Van Dyke. “As to damages, although McDonald had an extensive juvenile record, he had recently obtained summer employment through a church social agency’s; and further, in September of 2014, just a month before he was—before he passed, he had enrolled in the Sullivan Alternative School, which is a school for troubled youth, and his mentor there will testify or would testify that McDonald had good grades at the time of his death and was making progress in turning his life around,” Patton testified. His mother’s life appeared to be on a similar trajectory. Patton recounted, “McDonald is survived by his mother and a 15—year old sister. At the time of his death, he was a ward of the state and in the temporary custody of an uncle; however, LaQuan’s mother had initiated a petition to regain custody of LaQuan, and in May of 2014 the Juvenile Court had ordered supervised visits in anticipation of granting her petition.”
speak up, and to fulfill the most basic responsibilities of public safety officials,” Lynch said. “And when suspicion and hostility is allowed to fester, it can erupt into unrest.” Also on Dec. 7, Cook County State’s Attorney Anita Alvarez said there would be no charges against Officer George Hernandez in the shooting of 25-year-old Ronald Johnson, whom authorities say
pointed a gun at police before he was killed on Oct. 12, 2014. Alvarez and Assistant State’s Attorney Lynn McCarthy spent more than 30 minutes detailing evidence before showing the video, which similarly to the McDonald case has no dashcam audio; the state’s attorney’s office overlaid police radio communications. The video showed Johnson running from police
across a street with several officers in pursuit, and then one officer shooting. Johnson is not on screen when he was struck by two bullets. The video was also slowed down to show what McCarthy said was a gun in Johnson’s hand. She also said Johnson “ignored” officers’ commands to stop and drop his weapon and had been in a physical altercation with at least one other officer before he was shot.
LAQUAN MCDONALD
Chicago police probe announced; no charges in 2nd shooting