No Bail Change Ruling For Chicago Cop In Laquan McDonald Shooting

CHICAGO — No decision was made Saturday about whether the Chicago police officer facing murder charges in the fatal shooting of 17-year-old Laquan McDonald should be held in contempt of court for interviews he gave this week. Judge Vincent Gaughan also did not rule on the prosecution's request that Ofc. Jason Van Dyke's bail be increased or revoked, but that decision could be handed down Thursday, according to the Chicago Tribune.

Van Dyke is on trial stemming from the fatal shooting of McDonald during an incident on the South Side on Oct. 20, 2014. He has pleaded not guilty to six counts of first-degree murder and 16 counts of aggravated battery, one count for each time McDonald was shot. Van Dyke also faces a count of official misconduct.

Bail was set at $1.5 million following Van Dyke's arrest in November 2015, and he has been free on bond since then after spending a brief time in jail. Jury selection in his trial is set for Wednesday, Sept. 5.

On Thursday, Kane County State's Attorney Joseph McMahon, the special prosecutor assigned to Van Dyke's trial, asked that the officer be held in contempt because of the interviews he gave with the Tribune and Fox 32 Chicago. The motion contends that Van Dyke's comments in those interviews broke the rules governing the discussion of information surrounding the case set up by Gaughan.

Latest Patch Coverage:

Chicago Cop In Laquan McDonald Shooting In Contempt: Prosecutors: Interviews given by Jason Van Dyke violated rules set by the presiding judge in the case, prosecutors said.

'I'm Not A Racist,' Says Chicago Cop In Laquan McDonald Shooting: Jason Van Dyke spoke publicly for the 1st time in nearly 4 years Tuesday, days before his first-degree murder trial is set to start.

Laquan McDonald Case: Judge To Pick Trial Venue After Jury Chosen: Jason Van Dyke, the Chicago police officer facing murder charges in the shooting, can get a fair trial in Cook Co., the judge says.
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.
No Fair Trial In Cook Co. For Cop In Laquan McDonald Case: Motion: Van Dyke wants a change of venue for his upcoming trial, according to a motion that was unsealed this week.
Date Set For Jason Van Dyke's Murder Trial: The defense is still fighting for the proceedings to be held outside of Cook County.

Prosecutors, however, were less strenuous in their arguments concerning the contempt charge during Saturday's special hearing on the matter, the Tribune reports. They contended that a ruling on it should wait until after Van Dyke's trial, and Gaughan agreed, the report added.

But the prosecution didn't back off its request for a change in Van Dyke's bail. Dan Herbert, Van Dyke's lead lawyer, defended his client's comments, claiming he was exercising his protected First Amendment rights.

The attorney said the "playing field has been unlevel" against Van Dyke, and this was his opportunity to counter the negative media coverage. Herbert added that the officer's remarks weren't about the inner workings of the case but about his emotions as he prepares for trial.

"He’s scared to death,” he said. “He might not make it to trial. The threats out there are real. He is scared for his safety.”

Those statements sparked a warning from Gaughan, who cautioned Herbert that he might be making the prosecution's case by saying Van Dyke should be jailed for his protection. Herbert also was threatened with the possibility of his own contempt charge after he accused Gaughan of secretly working with the prosecutors to set up Saturday's hearing, an allegation the judge called "disgusting and insulting."

More via the Chicago Tribune

Lawyer Dan Herbert (left) and Chicago police Ofc. Jason Van Dyke in 2015. (Photo by Zbigniew Bzdak-Pool | Getty Images)