Laquan McDonald Case: Summer Trial Presumptuous, Lawyer Says

CHICAGO, IL — A day after a judge said he wanted the first-degree murder trial of a Chicago police officer to begin this summer, a defense attorney for Jason Van Dyke, the officer accused of fatally shooting 17-year-old Laquan McDonald in 2014, called that scheduling presumptuous. In a statement Thursday, Dan Herbet said there are still some pre-trial hurdles that need to be cleared before full proceedings could begin.

"We are awaiting rulings on various motions, including our change of venue motion consisting of several hundred pages," he said. "These all deserve careful consideration before we decide whether a jury or the court will decide Jason Van Dyke's innocence or guilt."

During a court hearing Wednesday, Judge Vincent Gaughan said he wanted Van Dyke's trial to begin this summer so that the weather would be good and not impede people arriving to the courthouse. But he didn't commit to a specific date for the trial to begin.

"I want the weather to be the best," the judge said. "That's something we have a little bit of control over."

But Herbert said the case might not even make it to a jury.

Patch's Coverage of the Laquan McDonald Case:

5 Perspectives on '16 Shots: The Death of Laquan McDonald': A ward of the state, shot dead on a Chicago street. A teen who loved his teachers. A mayor who won't lead. Questions no one will answer.

Chicago Cop Accused Of Killing Teen Faces New Charges: Officer Jason Van Dyke now faces 16 counts of aggravated battery stemming from the fatal shooting of the 17-year-old in 2014.

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.

Laquan McDonald Case: No More Police Indictments, Prosecutor Says: The grand jury investigating an alleged Chicago police cover-up in the fatal shooting of the 17-year-old has been dismissed.

Cop's Trial In Laquan McDonald Shooting To Start In Summer, Judge Says: But the judge presiding over Chicago police Officer Jason Van Dyke's murder trial hasn't chosen a specific date for proceedings to begin.

"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," he said. "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.

Van Dyke's murder trial stems from the Oct. 20, 2014, shooting of McDonald during an incident 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.

Lawyer Dan Herbert (left) and his client, Chicago police Officer Jason Van Dyke leave the courtroom in 2015. (Photo by Zbigniew Bzdak-Pool | Getty Images News | Getty Images)