Laquan McDonald Case: Cops Accused Of Cover Up Want Bench Trial

CHICAGO, IL — Three Chicago police officers indicted in an alleged cover up stemming from the 2014 shooting death of Laquan McDonald by a fellow officer have asked for a Cook County judge to rule in the case in a bench, not a jury, trial, according to the Chicago Tribune. Detective David March and patrol officers Joseph Walsh and Thomas Gafney face conspiracy, official misconduct and obstruction of justice charges in connection with the incident, and they have pleaded not guilty.

The bench trial has been scheduled for July 10, and it comes about two weeks after a defense lawyer for Jason Van Dyke, the Chicago cop charged with first-degree murder in the McDonald shooting, floated the idea of a bench trial for his client. Attorney Dan Herbert suggested Van Dyke might forgo a jury trial after Judge Vincent Gaughan said last month he wanted proceedings to begin this summer so weather would be good and not create an obstacle for people getting to the courthouse.

"I understand the court's concern about the logistics of travelling for jurors in inclement weather, but jurors may not play a role in this trial," Herbet said in a statement at the time. "The defense decides whether there will be a bench or jury trial. We have not made that decision yet."

Van Dyke has pleaded not guilty to six counts of first-degree murder and 16 counts of aggravated battery, a count for each time McDonald was shot. He also faces a count of official misconduct.

Patch's Coverage of the Laquan McDonald Case:

Summer Trial Presumptuous In Laquan McDonald Case, Lawyer Says: The attorney for Chicago police Officer Jason Van Dyke said rulings still need to be made on various motions before the murder can begin.

3 Chicago Cops Indicted In Alleged Cover-Up Of Shooting: The special prosecutor accuses the trio of doing more than obeying a "code of silence" surrounding the shooting investigation.

More Police Indictments Possible In Case: The special prosecutor says the grand jury is expected to meet at least twice by the end of October.
Accused Chicago Cop's Interview Ordered Sealed: PLUS: A look at the latest developments in the murder case surrounding the 2014 police-involved shooting that killed a 17-year-old boy.

Van Dyke is accused of fatally shooting McDonald during an incident Oct. 20, 2014, on the South Side. Initial police reports claimed the teen was swinging a knife and lunging at Van Dyke before the officer opened fire.

But a police dashboard camera told a different story. In the video, McDonald is not seen as aggressively moving toward Van Dyke, and instead, he's seen walking away from Van Dyke when he is shot 16 times. Officers at the shooting are accused of signing reports that stated a knife-wielding McDonald advanced toward police before he was shot.

March had been the lead detective in the shooting investigation, and Walsh, who was put on administrative leave in December of 2015, was Van Dyke's partner. Although those two officers left the force when it was recommended by the city's inspector general that they be fired, Gaffney stayed with the department, and he was suspended without pay.

Following those initial indictments, Patricia Brown Holmes, the special prosecutor in the case, suggested in August of last year that other officers might also be charged in the case. But she closed her investigation in November with only the three indictments.

More via the Chicago Tribune

Image taken from Chicago police dashboard camera video showing the shooting of Laquan McDonald. (Image via Patch archive)