Drop Murder Case, Chicago Cop Accused of Fatally Shooting Laquan McDonald Asks Judge

CHICAGO, IL — Lawyers for the Chicago police officer facing a murder charge in the shooting death of Laquan McDonald asked a judge Tuesday to dismiss the case on the grounds that the prosecution's case is wrongly built around the statements of other cops, the Chicago Tribune reports.

The motion to dismiss by Officer Jason Van Dyke's attorneys argues that statements by their client and other members of the force to the Independent Police Review Authority and Chicago's Office of Inspector General were obtained by threatening the officers with losing their jobs, making them off limits in a criminal case, the report stated. Those statements then were allegedly given to the grand jury and leaked to the media, the report added.

Judge Vincent Gaughan is waiting to rule on the motion in order to allow Kane County State's Attorney Joseph McMahon, the special prosecutor assigned to the McDonald case, the chance to file a written response, according to the Tribune.

Van Dyke is accused of shooting the 17-year-old McDonald 16 times Oct. 20, 2014, during an incident on the city's South Side. Initial police reports claimed the teen was swinging a knife and lunging at Van Dyke before the officer opened fire.

But after a contentious legal battle with city officials that lasted more than a year, a judge ordered the release of a video from a police dashboard camera that told a different story. In the video, McDonald is not seen as aggressively moving toward Van Dyke. Instead, he's seen walking away from Van Dyke when he is shot, and the officer continues to fire even after McDonald is on the ground.

Van Dyke was charged with first-degree murder in November of 2015. His bail was set at $1.5 million, and he pleaded not guilty to the charge.

Other developments in the McDonald case from Tuesday, according to the Tribune, included:

• Gaughan, who has previously presided over high-profile cases, such as the Brown’s Chicken massacre and R. Kelly's child pornography trial, reversed a juvenile court judge's ruling and ordered the release of McDonald's juvenile records — barring records concerning the victim's birth mother and sister — to the defense.
• McMahon submitted a separate court filing that claims none of Van Dyke's 16 shots against McDonald were justified.

More via the Chicago Tribune

Patch Coverage of the Laquan McDonald Shooting

• Teen Shot 16 Times by Chicago Police a ‘Modern-Day Emmett Till’
• Video Shows Jason Van Dyke Shoot Laquan McDonald
• Police Reports of 'Lunging, Knife-Swinging' Laquan McDonald Contradict Video
• Chicago Cop Charged in ‘Graphic, Violent, Chilling’ Murder
• Jason Van Dyke's Bail Set at $1.5 Million
• Jason Van Dyke Pleads Not Guilty to First-Degree Murder
• Justice Department Will Investigate Chicago Police
• Police Union Stands by Officer Charged in Murder of Teen
• 8 Cops in Laquan McDonald Case Should be Fired: Chicago Police Superintendent
• Witness to Laquan McDonald Shooting Claims Cops Pressured Her to Retract Story: Lawsuit
• Laquan McDonald Shooting: How Did Chicago Mark the Tragedy 2 Years Later?

Chicago Police Officer Jason Van Dyke (inset) is being charged with first-degree murder in the shooting death of 17-year-old Laquan McDonald in 2014. (photo via Patch archive)

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