Jurors begin deliberations in Chicago police officer’s murder trial

CHICAGO — Attorneys in the trial of a white Chicago police officer charged with murder in the 2014 shooting of black teenager Laquan McDonald sparred over what video of the deadly encounter actually proves Thursday just before jurors withdrew to begin deliberating.

During closing arguments, prosecutor Jody Gleason pointed to dashcam video of Officer Jason Van Dyke shooting Laquan 16 times as the teenager held a knife at his side. She noted that Officer Van Dyke told detectives that Laquan raised the knife, that Officer Van Dyke backpedaled, and that Laquan tried to get up off the ground after being shot.

“None of that happened,” she said. “You’ve seen it on video. He made it up.”

But Officer Van Dyke’s attorney, Dan Herbert, said the video, the centerpiece of the prosecutor’s case, doesn’t tell the whole story and is “essentially meaningless based on the testimony” jurors heard. He pointed to testimony from Officer Van Dyke’s partner that night, Joseph Walsh, who said he saw Laquan raise the knife, even though the video doesn’t show that. Officer Van Dyke made similar claims on the witness stand as he told jurors that he was afraid for his life and acted according to his training.

“The video is not enough,” he said. He added: “It shows a perspective, but it’s the wrong perspective.”

Mr. Herbert did not note that Officer Walsh is one of three officers charged with conspiring to cover up and lie about the circumstances of the Oct. 20, 2014, shooting to protect Officer Van Dyke. Jurors were told only that Officer Walsh was testifying under “use immunity,” meaning his testimony can’t be used against him as long as he was truthful, but were never told about the allegations he faces.

Police encountered Laquan after a 911 call reported someone breaking into vehicles. As Officer Van Dyke arrived, police had the 17-year-old mostly surrounded on a city street. An officer with a Taser was just 25 seconds away.

Ms. Gleason seized on the testimony of one of the defense’s own witnesses, a psychologist who interviewed Officer Van Dyke. Laurence Miller said that when Officer Van Dyke heard on his radio that Laquan had a knife and had punctured the tire of a squad car, he told his partner: “Oh, my God, we’re going to have to shoot the guy.”

Ms. Gleason said Officer Van Dyke had made up his mind about what he’d do before even arriving.

“Laquan McDonald was never going to walk home that night,” she said.

Ms. Gleason told jurors that although police officers are allowed to use deadly force in some circumstances, this was not one of them.

“They do not have the right to use deadly force just because you will not bow to their authority,” she said. “This is not the Wild West out here ... where an officer can shoot an individual ... and try to justify it later.”

Officer Van Dyke is charged with first-degree murder, aggravated battery and official misconduct. The judge told jurors just before they withdrew to begin deliberating that they will have the option of convicting the officer of the lesser charge of second-degree murder. Firstdegree murder carries a maximum sentence of life. If convicted of second-degree murder, Officer Van Dyke could face 15 years or more in prison, but probation is also an option with that charge.

The jury consists of eight men and four women; seven are white, three are Hispanic, one is AsianAmerican and one is African-American.

As jurors began deliberating, the Chicago Police Department canceled days off and put officers on 12hour shifts. An extra 4,000 officers will be on the street, according to spokesman Anthony Guglielmi. The city saw protests after video of the shooting was released in November 2015.