Convicted Ex-Chicago Cop Jason Van Dyke Won't Face Federal Charges

CHICAGO — Jason Van Dyke, the former Chicago police officer who was convicted in the fatal shooting of 17-year-old Laquan McDonald in 2014, will not face federal charges in connection with the shooting that led to a sentence of 81 months in prison.

U.S. Attorney for the Northern District of Illinois John Lausch announced on Monday that federal prosecutors will not pursue successive prosecution of Van Dyke on federal criminal charges. Lausch said the decision not to seek further charges is consistent with Department of Justice Department policy and was made in consultation with McDonald’s family, according to a news release issued Monday.

Lausch has spoken with a representative of McDonald’s family on multiple occasions over the past three years, including recently, to discuss the factors the Department of Justice considers when deciding to bring a second prosecution, prosecutors said Monday. The family was in agreement not to pursue a second prosecution, and Lausch’s office respects their position, the release said.

“While much of the evidence presented at Mr. Van Dyke’s state trial was developed through a joint federal and state investigation, a federal trial would not be a retrial of the state case,” prosecutors announced Monday. “There is no general murder charge under federal law that would apply. Federal prosecutors would need to prove to a jury beyond a reasonable doubt that Mr. Van Dyke willfully deprived Mr. McDonald of a constitutional right. To do that, prosecutors would have to prove not only that Mr. Van Dyke acted with the deliberate and specific intent to do something the law forbids, but also that his actions were not the result of mistake, fear, negligence, or bad judgment. It requires federal prosecutors to prove beyond a reasonable doubt what Mr. Van Dyke was thinking when he used deadly force, and that he knew such force was excessive.

“The federal law presents a very high bar — more stringent than the state charges on which Mr. Van Dyke was convicted.”

Van Dyke was released from state prison Feb. 3 after serving just more than three years of his 81-month sentence. When he was convicted, he became the first Chicago police officer to be convicted of murder in 50 years in connection with an on-duty incident.

Van Dyke must now serve three years of supervised release, which is the state's form of parole. Prior to Van Dyke’s release, the NAACP petitioned the Justice Department to file federal civil rights charges against Van Dyke.

“Even if a federal trial resulted in a conviction, the federal judge imposing sentence would be obligated to consider the 81-month state sentence previously imposed, as well as other relevant factors, including the same aggravating and mitigating factors presented at Mr. Van Dyke’s extensive state-court sentencing hearing; the fact that Mr. Van Dyke served his state prison sentence with conduct entitling him under state law to be released early; and the fact that Mr. Van Dyke no longer is and never again will be a police officer,” Lausch’s office concluded. “Given these factors, there is a significant prospect that a second prosecution would diminish the important results already achieved.”