No Bail for Chicago Cop Charged in 'Graphic, Violent, Chilling' Murder

Chicago Police Officer Jason Van Dyke appeared before a Cook County judge at noon Tuesday on first-degree murder charges in the fatal shooting of an African-American teen on the South Side in October 2014.

In a press briefing after the hearing, Cook County State’s Attorney Anita Alvarez described in detail, step by step, what can be seen on the dash-cam recording.

“It is everything that it has been described to be by the news accounts. It is graphic, it is violent, it is chilling,” Alvarez said. “I have absolutely no doubt that this video will tear at the hearts of all Chicagoans.”

Alvarez — who said she arrived at the decision to charge Van Dyke with murder “weeks ago” — said she believes the mayor’s decision not to release the video, which became the subject of a civil lawsuit seeking its release, helped the investigation, which she called “long-term, tedious and meticulous.”

Last week, a judge ordered that the city make the video public by the end of the day Wednesday, ruling in favor of the independent journalist who filed a FOIA request with the police department. Alvarez said she decided to go public with the charges after that decision.

• City Releases Laquan McDonald Shooting Video (Warning: Graphic Footage)

In her press conference, she laid out the outline of the case against Van Dyke.

“Our investigation shows that Officer Van Dyke was on the scene for less than 30 seconds before he began shooting,” Alvarez said, and began shooting six seconds after he stepped out of his police vehicle.

The Illinois State Police determined Van Dyke emptied his entire clip into McDonald.

Van Dyke shot Laquan McDonald 16 times on Monday, Oct. 20, 2014, shortly before 10 p.m. in Chicago Lawn. Van Dyke said he fired in self-defense after McDonald, 17, who was on PCP and carrying a 4-inch knife, lunged at him and his partner. Prior to the shooting, officers had been following McDonald slowly on Pulaski Road awaiting an officer with a Taser.

The video shows McDonald walking away from police when Van Dyke opens fire after stepping out of his squad car. One of eight officers on the scene, Alvarez said, Van Dyke is the only one who fires. The video, according to those who’ve seen it, shows Van Dyke continuing to fire shots into McDonald’s body after he falls to the ground.

Other responding officers said McDonald never responded to their commands to stop and they did not feel he was a threat, Alvarez said, and civilian witnesses also said they did not see McDonald make threatening gestures toward the police.

The civilian witnesses also said there was a pause in the shooting after McDonald fell to the ground, and then the officer resumed firing, Alvarez said. McDonald was still breathing when Chicago Fire Department personnel arrived, and he died at the hospital

Alvarez said the state’s attorney’s office received a copy of the video on Nov. 4, 2014, and opened an investigation. The FBI contacted the state’s attorney’s office on Nov. 19, and a copy of the video was turned over to federal investigators the next day. From December of 2014, the state’s attorney’s office worked directly with the FBI and the U.S. Attorney’s Office to investigate the case in partnership, Alvarez said.

“The public needs to know that while it would seem to some that the 12 months of investigation with our federal partners has taken too long, investigations of police shootings and misconduct are highly complex matters that carry with them very unique legal issues,” Alvarez said.

The prosecutor said “it’s not unusual for investigations like this to take up to 20 months” before being able to bring charges.

The U.S. Attorney’s Office is still investigating whether to bring federal civil rights charges.

Alvarez said the investigators reviewed footage from other police squad-car dashboard cameras as well as nearby businesses, including a Burger King down the block.

When asked about claims some of the footage had been erased, including portions of the Burger King surveillance video, as part of a police department cover up, Alvarez said investigation of the video files determined that none had been tampered with. Alvarez also said the Burger King cameras would not have recorded the actual shooting.

Arriving at the courthouse Tuesday morning, Van Dyke, 37, said nothing as he and his attorney walked past reporters and into the courthouse at 26th Street and California.

After the hearing, Van Dyke’s attorney Dan Herbert spoke with reporters.

“This is a case that needs to be tried in a courtroom,” Herbert said. “This is a case that can’t be tried in the streets, it can’t be tried in the media and it can’t be tried on Facebook.”

Herbert said “this is not a murder case,” and explained that he believes that when a jury sees the video and hears the police officer’s version of events they will understand why Van Dyke fired the fatal shots.

Herbert also took issue with comments made by “politicians” about the dash-cam video recording. Mayor Rahm Emanuel called the shooting “hideous.”

“Those comments are irresponsible and they are certainly unfair and prejudicial to my client,” Herbert said.

He declined to take any questions.

Van Dyke’s wife, Tiffany, had set up a GoFundMe account Monday night to raise money for her husband’s bail. As of Tuesday morning, $10,500 had been raised on a goal of $80,000. The account was taken down by 11 a.m., however.

Van Dyke will remain behind bars for the Thanksgiving holiday.

“My husband has been a Chicago Police Officer for almost 15 years and his service has been acknowledged with many awards and several letters of complementary service,” his wife wrote on GoFundMe. “He is a highly decorated and respected officer. He was in a shooting that has been covered extensively by the media and we ask for your patience for all the facts to come out in the trial. We want him to be home with his family as we go through this judicial process. ...

“With the holidays approaching our husband and father needs to be home with his family. I sincerely thank you in advance for your kind donation. I do not want to have to fight this battle alone nor can we afford to fight it.”

• Also on Patch: Teen Shot 16 Times by Chicago Police a ‘Modern-Day Emmett Till’

Emanuel said Van Dyke’s actions are indefensible. “He will be held accountable,” Emanuel said.

The city already has settled a civil lawsuit with the McDonald family, which received $5 million in a settlement.

Chicago is bracing for protests, civil unrest and possible violence, when the video goes public, scheduled for 4:30 p.m., after a press conference with the mayor and the police superintendent, the city announced Tuesday.

The Chicago Tribune, citing a police department memo, reports that plainclothes officers have been ordered into uniform through Nov. 29, and riot gear must be at the ready for all officer trained in riot control. The department has also been advised that shifts may be extended and days off cancelled.

Van Dyke has said he fears for his safety and the safety of his wife and two children. Since the shooting, Van Dyke has been on paid desk duty and stripped of his police powers.