Expert Witness: Laquan Faced Van Dyke When Struck By Fatal Shot

CHICAGO, IL -- The defense took its turn at bat to present their side in the murder trial of a white Chicago police officer accused of wrongfully shooting a black teen in October 2014. Jason Van Dyke is facing murder, aggravated battery and official misconduct charges in the fatal shooting of 17-year-old Laquan McDonald. Van Dyke’s attorneys contend that Van Dyke was trying to stop McDonald, who was armed with a small knife, when he shot the teen 16 times on Oct. 20, 2014. No decision has been made whether the embattled Chicago police officer will take the stand.

The defense attorneys spent most of Monday attempting to poke holes in the chief medical examiner’s testimony last. Dr. Ponni Arunkumar said that there was no way to determine the sequence of shots fired at Laquan McDonald because the shooter and person being shot at are in constant motion.

Arunkumar read the notes and report of the forensic pathologist who performed McDonald’s autopsy in the hours following his death, and which she signed off on. Arunkumar also testified that McDonald was alive for each of the 16 shots and still had a pulse when loaded on to an ambulance to be transported to Mt. Sinai Hospital.

Van Dyke’s attorneys called their expert witness, Dr. Shaku Teas, a former Cook County forensic pathologist, now a professional court witness, to the stand. Teas claimed she found discrepancies and missteps during McDonald’s autopsy. The forensic pathologist stated that McDonald was facing Van Dyke when he was shot in the chest through the pulmonary artery. The teen was also turned toward Van Dyke when he suffered a gunshot wound to the neck. Both wounds, Teas explained, were “rapidly fatal” and most likely died within five to 30 minutes. Teas stated McDonald was most likely standing for most of the shots, except for gunshot wounds to the hand and arm, which happened when McDonald lay crumpled on the ground.

The collection of blood and urine samples for toxicology testing were also collected incorrectly by medical examiner staff. Teas said samples were diluted and not taken from deeper tissue, which would have given a more accurate measurement of the amount of PCP in McDonald’s system. Teas criticized the medical examiner’s office for not photographing McDonald’s internal organs or shaving the hair around a graze wound on the side of his head. During Teas’s testimony, Judge Vincent Gaughan had to frequently admonish the witness to stay on point.

Under a blistering cross examination by prosecutor Judy Gleason, the attorney counted down the number of Laquan’s gunshot injuries until she reached 16. Teas said she made “certain conclusions” about the sequence of shots based on the police dash cam video. She testified that she was paid $9,000 for her report, which included reviewing the autopsy report, photos and other documentation from the medical examiner’s office, as well as EMS reports.

“You didn’t need toxicology or pathology to determine that he died of multiple gunshot wounds,” Gleason said. “You didn’t need internal [organ] photos to make that determination.”

“I’m sure she [Dr. Arunkumar] will do that now,” Teas replied.

Gleason grilled the doctor on her conclusion that McDonald was facing Van Dyke, and not walking away from officers as captured in the police dashcam video.

“[McDonald’s] torso is turned toward the defendant when he is struck in neck and chest,” Teas said. “The torso is turned toward him.”

“That’s not evidence of Laquan facing the officer straight on,” Gleason retorted.

More on Patch:

• Prosecution Rests Case In Jason Van Dyke Murder Trial
• Cook County Medical Examiner Says 24 Holes Found In Laquan's Body
• Van Dyke's Partner Testifies Laquan McDonald Was A 'Threat'
• Testimony Begins In Jason Van Dyke Trial
• Jury Will Decide Fate Of Jason Van Dyke
• Jury Selected In Jason Van Dyke Trial
• 'I'm Not A Racist,' Says Chicago Cop In Laquan McDonald
• Police Reports of 'Lunging, Knife-Swinging' Laquan McDonald Contradict Video
• 3 Chicago Cops Indicted In Alleged Cover-Up Of Laquan McDonald Shooting

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