The Mercury News

3 officers indicted, charged with conspiring to cover up shooting

- By Mark Berman

Three current or former police officers in Chicago were indicted Tuesday on charges of conspiring to cover up the fatal shooting of Laquan McDonald, a black teenager killed by an officer in 2014.

McDonald’s death, captured in a video released the following year that shows him being shot while moving away from officers, set off protests and continues to reverberat­e through the Chicago police department. The officer who opened fire was charged with murder, while investigat­ors also have focused on the behavior of other officers following the shooting.

The indictment, announced by the special prosecutor investigat­ing McDonald’s shooting, charges the three veteran officers with trying to “conceal the true facts of the events surroundin­g the killing of Laquan McDonald.”

“The indictment makes clear that these defendants did more than merely obey an unofficial ‘code of silence,’ rather it alleges that they lied about what occurred to prevent independen­t criminal investigat­ors from learning the truth,” Patricia Brown Holmes, the special prosecutor, said.

McDonald’s death in October 2014 has continued to rock the Chicago Police Department, leading to a sprawling federal investigat­ion and the ouster of the department’s superinten­dent. More than a year after McDonald was killed, authoritie­s released video showing Officer Jason Van Dyke firing 16 rounds at the teenager. Van Dyke was charged with murder the day the video was released.

While the police union had said McDonald was holding a knife and approachin­g officers when he was killed, graphic video showed that the 17-year-old was veering away from officers when he was shot. An attorney for Van Dyke has said he feared for his life at the time.

The video recording spurred outrage in Chicago, during which Mayor Rahm Emanuel, D, dismissed Garry McCarthy, the police superinten­dent. Not long after, the Justice Department began a probe into the Chicago police, concluding this year that the department has a pattern of routinely using excessive force and violating the rights of minorities. The Justice Department and Chicago officials had pledged to seek a court-enforceabl­e order imposing reforms, but that plan was thrown into question after the Trump administra­tion took office.

Chicago officials, who have been confrontin­g a spike in homicides, have also reckoned with the fallout from the McDonald video. The city announced a series of policing reforms in the wake of the outcry over McDonald’s death, while the Chicago Police Department last year also recommende­d firing several officers for lying about McDonald’s killing, including Van Dyke.

The three-count indictment filed Tuesday said that Detective David March, 58, and patrol officers Joseph Walsh, 48, and Thomas Gaffney, 43, filed false police reports in the hours and days after the shooting “in an attempt to prevent or shape any criminal investigat­ion.”

The three officers were each charged with conspiracy, official misconduct and obstructio­n of justice. In a statement, Holmes’s office said that March has been a police officer for more than three decades, while both Walsh and Gaffney are each described as having about two decades on the Chicago police force. A Chicago police spokesman said only Gaffney was still with the department as of Tuesday, adding that he would be suspended without pay due to the indictment.

“The shooting of Laquan McDonald forever changed the Chicago Police Department and I am committed to implementi­ng policies and training to prevent an incident like this from happening again,” Eddie Johnson, the Chicago police superinten­dent, said in a statement.

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