Chicago policemen acquitted of coverup

Judge rules authorities did not lie after recorded 2014 death of Black teen

A judge on Thursday acquitted three Chicago officers of trying to cover up the 2014 shooting of Laquan McDonald, dismissing as just one perspective the shocking dashcam video of the Black teenager’s death that led to protests, a federal investigation of the police department and the rare murder conviction of an officer.

In casting off the prosecution’s entire case, Judge Domenica Stephenson seemed to accept many of the same defence arguments that were rejected in October by jurors who convicted officer Jason Van Dyke of second-degree murder and aggravated battery. He is scheduled to be sentenced Friday.

The judge said the video showed only one viewpoint of the confrontation and that there was no indication the officers tried to hide evidence.

“The evidence shows just the opposite,” she said. She singled out how they preserved the graphic video at the heart of the case. McDonald’s family questioned how the two cases could produce such different decisions. His great uncle, the Rev. Marvin Hunter, told reporters that the verdict means “that if you are a police officer you can lie, cheat and steal.”

“To say that these men are not guilty is to say that Jason Van Dyke is not guilty.”

He added: “It is a sad day for America.”

Prosecutor Ron Safer tried to put a positive spin on the verdict.

“This case was a case where the code of silence was on trial,” he said, referring to the long tradition that officers don’t report wrongdoing by their colleagues.

“The next officer is going to think twice about filing a false police report. Do they want to get through this?”

Special prosecutor Patricia Brown Holmes said she hoped the verdict would not make officers reluctant to come forward when they see misconduct. Her key witness, officer Dora Fontaine, described how she had become a pariah in the department and was called a “rat” by fellow officers.

The shooting has provoked periodic street protests since 2015, when the video came to light, and the acquittals could renew that movement.

“We will be down here tomorrow by the hundreds, and we will cry out for justice for Laquan,” activist Eric Russell said.

The trial was watched closely by law enforcement and critics of the department, which has long had a reputation for condoning police brutality.

Officer Joseph Walsh, officer Thomas Gaffney and detective David March were accused of conspiracy, official misconduct and obstruction of justice. All but Gaffney have since left the department.

After the verdict, Walsh would say only that the ordeal of being charged and tried was “heartbreaking for my family, a year and a half.”

In her ruling , the judge rejected prosecution arguments that the video demonstrated officers were lying when they described McDonald as moving even after he was shot.

“An officer could have reasonably believed an attack was imminent,” she said.

Both Van Dyke’s trial and that of the three other officers hinged on the video, which showed Van Dyke opening fire within seconds of getting out of his police SUV and continuing to shoot the 17-year-old while he was lying on the street. Police were responding to a report of a male who was breaking into trucks and stealing radios on the city’s South Side.

Prosecutors alleged that Gaffney, March and Walsh, who was Van Dyke’s partner, submitted false reports about what happened to try to prevent or shape any criminal investigation of the shooting.

Among other things, they said the officers falsely claimed that Van Dyke shot McDonald after McDonald aggressively swung the knife at the officers and that he kept shooting the teen because McDonald was trying to get up still armed with the knife.

The case cost the police superintendent his job and was widely seen as the reason the county’s top prosecutor was voted out of office a few months later.

It also triggered a federal investigation, resulting in a blistering report that found Chicago officers routinely used excessive force and violated the rights of residents, particularly minorities.