Jason Van Dyke’s Fate Now Rests In Jury’s Hands

CHICAGO, IL -- After two weeks of testimony from dozens of witnesses, the fate of Chicago police officer Jason Van Dyke charged with the murder of 17-year-old Laquan McDonald now rests in the jury's hands. It is a case that has polarized the city across racial lines. Van Dyke is facing multiple charges of first-degree murder, aggravated battery and official misconduct.

Testimony has included repeated showings of a police dashcam video that captured the horrific shooting, as well as a computer-generated video created by a defense expert that attempted to show that the white Chicago police officer justified when he shot the black teen.

Special assistant prosecutor Jody Gleason said Van Dyke abused his authority as a police officer when he shot the black teen 16 times during a street confrontation on Oct. 20, 2014. Gleason said the police officer shot “too early, too often and way too long.”

“They do not have the right to use deadly force just because you do not bow to their authority,” she said. “This is not the Wild West out here.”

Gleason said Van Dyke was predisposed to shooting the teen on his way to 41st Street and Pulaski Road, when he told his partner, “oh my God, we’re going to have to shoot this guy.” Within six seconds of arriving on the scene, Van Dyke exited the police vehicle and began shooting, the assistant special prosecutor said.

“He riddled Laquan’s body with bullet after bullet,” Gleason said. “Laquan was alive each time he was shot.”

Jurors also heard instructions for the first time that they may consider second degree murder charges, an offense carrying a prison sentence of four to 20 years, which is also probational.

Lead defense attorney Dan Herbert told jurors not to fall for the prosecutors’ “fake tears” about Laquan McDonald, who defense attorneys have portrayed throughout the trial as an out-of-control teen under the influence of PCP.

“If Laquan had listened to orders and dropped the knife they would have prosecuted him,” Herbert said. “They would have put him back into that cage. Don’t believe the fake tears.”

Herbert told the jury to look at the evidence from Van Dyke’s perspective. He said the dashcam video was not enough to convict the police officer.

“The government would have you believe that Jason was angry at the young black boy,” Herbert said. “Do you see any evidence of race being related to this case? Put it out of your mind.”

Van Dyke, he added, believed that police officers were being or about to be attacked.

Herbert called it “unprecedented” that a police officer would be charged with first-degree murder while responding to a scene where a person was armed with a knife.

“No motive, no malice, no premeditation,” Herbert said. “You can use your common sense, ladies and gentlemen. You can determine what is a murder. This isn’t.”

Special prosecutor Joseph McMahon had the last word in the rebuttal. He told jurors to rely on the video.

More on Patch:

• Animated Video Shown To Laquan McDonald Jurors
• Expert Witness: Laquan Faced Van Dyke When Struck By Fatal Shot
• 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
• 5 Perspectives on '16 Shots: The Death of Laquan McDonald'

~ Photo: Jason Van Dyke | Getty Images