Crime & Safety

Van Dyke Atty. Warns Of 'Ferguson Effect' Amid 'Historic' Verdict

VIDEO: Chicago police officer found guilty of second-degree murder and 16 counts of aggravated battery in the killing of Laquan McDonald.

CHICAGO — Chicago police officer Jason Van Dyke was convicted of second-degree murder and 16 counts of aggravated battery with a firearm stemming from the fatal shooting of 17-year-old Laquan McDonald. Van Dyke was found not guilty of official misconduct, and his bond also was revoked following the verdict Friday.

The conviction marks the first time in nearly 50 years that a Chicago police officer has been found guilty of murder in connection with an on-duty shooting. The verdict also bucks the national trend of police being cleared in fatal shootings.

Van Dyke, 40, sat expressionless in the courtroom, drinking bottled water, as he heard the guilty verdicts being read off, from the second-degree count to the 16 counts of aggravated battery with a firearm, one count for each time McDonald was shot. The reaction outside the Leighton Courthouse was peaceful as protesters heard the decision.

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RELATED: Van Dyke Jurors Say His Testimony Hurt Case: 'We Didn't Buy It'

A couple hundred demonstrators marched from City Hall to Michigan Avenue, tying up traffic. Protesters moved north along Michigan to Wacker Drive and then west to Wabash Drive in front of the Trump International Hotel and Tower.

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Outside the courthouse after the verdict was read, there was relief and elation from most demonstrators.

"I'm just happy we got something," one activist said.


WATCH: Demonstrators march down Michigan Avenue following the conviction of Chicago police Ofc. Jason Van Dyke stemming from the fatal shooting of 17-year-old Laquan McDonald.


McDonald's family was not in the courtroom to hear the verdict. But Marvin Hunter, McDonald's great uncle, gave a passionate speech later in the afternoon.

"This family has never once asked for revenge," he said, adding later, "My core conviction is this family wanted justice, not revenge."

"This is a victory for America," Hunter said. "America was on trial."

He also admitted that he could see the pain of Van Dyke's wife, daughters and father as they sat in the coutroom. But Hunter wished that empathy went both ways.

"It bothered me that they couldn't see the pain in us," he said.

When discussing whether he could forgive Van Dyke for the shooting, Hunter said the Chicago police officer has never asked for that.

"I'm not in the business of forgiving people who don't think they did anything wrong," he said.

The teen's great uncle praised Kane County State's Attorney Joe McMahon, the prosecutor Cook Count State's Attorney Kim Foxx brought in for the case, calling him a hero. Hunter also went on to urge people — particularly those in the the black community — to make their voice heard at the ballot box.

"If you want to take what Laquan McDonald stood for … if you really want to do that, we must go back to our wards, go back to our counties, and become a part of the political process," he said.


Jason Van Dyke Guilty Verdict: The Basics

Why He's on Trial: Van Dyke, a 14-year veteran Chicago police officer, shot 17-year-old Laquan McDonald 16 times during an incident Oct. 20, 2014. In his 90-minute testimony, Van Dyke said "[a]ll I could see was him trying to put up with his left hand and holding the knife in his right hand. I just kept looking at the knife and shot at it i just wanted him to get rid of the knife. I wanted him to stay on the ground because it was going to be an easier position to place him under arrest."

But a dashboard camera video did not show McDonald aggressively moving toward Van Dyke. Instead, he's seen walking away from Van Dyke when he is shot 16 times.

The Verdict: Guilty of second-degree murder, guilty of 16 counts of aggravated battery with a firearm and not guilty of official misconduct. Judge Vincent Gaughan also revoked his bond.

The Jury: Eight woman and four men comprised the jury in the Van Dyke trial. Seven were white, three Hispanic and one Asian descent. Only one of the jurors was African-American. During jury selection, prosecutors accused defense attorneys of dismissing potential black jurors.

What It Means for Van Dyke: The second-degree murder conviction carries a sentence of four to 20 years, which is probational. The 16 aggravated battery counts carry a sentence of six to 30 years without probation.

The Political Aftermath: Observers have noted that the Van Dyke case — particularly the yearlong delay in releasing the dash-cam video — cost the jobs of some of Chicago's high-profile movers and shakers. Chicago police Supt. Garry McCarthy was fired from his post, and Cook County State's Attorney Anita Alvarez lost to Kim Foxx in 2016. Although Mayor Rahm Emanuel is still in power, he announced in September that he was not running for re-election in 2019.

The Reaction: Many city and state officials lauded the jury's verdict. A celebratory demonstration began at City Hall, and participants marched along Michigan Avenue, shutting down the northbound lanes. The president of the Chicago Fraternal Order of Police and Van Dyke's lawyer called the verdict a blow for law enforcement and vowed to appeal the decision.

What's Next: Three other Chicago police officers will go on trial Nov. 16, and they are accussed of participating in a cover up surround the McDonald fatal shooting.

Shooting and Trial Background: Go to Patch's guide about the Jason Van Dyke trial for more details.


Other city leaders and activists also reacted to the decision. Mayor Rahm Emanuel — who many political observers believe dropped out of next year's mayoral race because of the backlash from the McDonald shooting — asked for Chicagoans to continue to listen to and work with each other in the wake of the verdict.

"We come from many neighborhoods, many walks of life and many places throughout the world. But for all of us, this is our home. This is the city we love," he said in a statement. "We have heard that message countless times in recent days and weeks in church basements, in community meetings and from residents in our neighborhoods. And while the jury has heard the case and reached their conclusion, our collective work is not done. The effort to drive lasting reform and rebuild bonds of trust between residents and police must carry on with vigor."

"I think this is historic for Chicago," Janette Wilson, a senior adviser for the Rev. Jesse Jackson's Rainbow PUSH Coalition, said during a press conference. She added that she hopes this verdict allows for a closer look at excessive police force, training and accountability.

"We don't need Rambo cops shooting young children," Wilson said.


WATCH: Press conferences at the Leighton Courthouse following the Jason Van Dyke verdict.


In a press conference at the courthouse, prosecutor McMahon called the conviction a satisfying victory. The Kane County State's Attorney said this trial was important to show that the state doesn't only go after "unpopular cases."

"As prosecutors, our goal is justice," he said.

McMahon would not discuss possible sentencing for Van Dyke, but he did say that the multiple counts of aggravated battery — a Class X felony — carry a prison term of six to 30 years without probation.

Not everyone was pleased with the jury's decision, however. Kevin Graham, president of the Chicago Fraternal Order of Police, said he was disappointed by the verdict, adding that certain evidence wasn't presented and that the trial should have had a change of venue.

"Mark my words: There will be an appeal," he said during a press conference.

"In this court case, they're not supporting law enforcement," Wilson added.

Van Dyke's attorney, Dan Herbert, echoed Wilson's sentiments, calling it "a sad day for law enforcement."

In describing Van Dyke's reaction to the verdict, Herbert said his client and his client's family was relieved that a "death sentence" — what could've been a life sentence under first-degree murder verdict — wasn't delivered.

"I just talked to Jason … and I told him, 'You just went into a heavyweight boxing match with Mike Tyson, and you're still standing'," he said.


WATCH: Demonstrators at the Leighton Courthouse react to the conviction of Jason Van Dyke on Friday afternoon.


Herbert also warned of what he called the "Ferguson effect," referring to the Missouri fatal shooting of black teenager Michael Brown by a white police officer, an event that created unrest in the St. Louis area just more than two months before McDonald's death. He said the Van Dyke verdict could make officers hesitant to respond to potentially dangerous situations. "Police officers are going to become security guards," he said.

Herbert said he will appeal the verdict. One of the points he will raise is Judge Vincent Gaughan's refusal to change the venue of the trial.

Van Dyke was on trial for the October 2014 shooting of McDonald during an incident on the South Side on Oct. 20, 2014. Initial police reports claimed the teen was swinging a knife and lunging at Van Dyke before the officer opened fire.

But a police dashboard camera told a different story. In the video, McDonald is not seen as aggressively moving toward Van Dyke, and instead, he's seen walking away from Van Dyke when he is shot 16 times.

On Thursday, jurors were given instructions for the first time that they could consider second-degree murder charges, an offense carrying a prison sentence of four to 20 years, which is also probational.


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Closing arguments in the trial were given Thursday after two weeks of testimony from dozens of witnesses. The jury began deliberating following closing arguments, and reached a verdict Friday afternoon.

Van Dyke's testimony and the dash-cam video were key points for the jury reaching its guilty verdicts. Following the decision, jurors told reporters that the police officer hurt his case when he took the stand.

"We just didn't buy [his testimony]," one juror said. "I thought it was rehearsed."

When asked why they didn't convict on the official misconduct charge, jurors said they thought Van Dyke believed he was doing his job at the time.

Chicagoans had been bracing themselves for the jury's decision since the trial began in late September. Police have been staging in areas around the city — with a higher presence on the South Side, where the shooting happened — preparing for possible demonstration once Van Dyke's fate is revealed. Leave for Chicago police officers also has been canceled until further notice beginning Thursday.

In response to the verdict, Chicago Public Schools canceled all Friday night sporting events, as well as activities scheduled for Saturday.

Community leaders and activists had been speaking out, asking for solidarity when the verdict is reached.

“Regardless of the verdict, emotions will be flying high this afternoon. I would like to remind everyone to please express themselves in a peaceful manner," Illinois Legislative Black Caucus Chair Kimberly A. Lightford said Friday before the verdict was announced.

“Groups throughout the city have organized locations for people to meet, and I encourage anyone who feels the need to speak out to join these groups," she added. "Our community will continue to grow and build beyond today’s verdict.”

Saint Sabina Catholic Church Pastor Rev. Michael Pfleger, who earlier this year led a successful shut down of the Dan Ryan Expressway in a march against violence, had called for a citywide shut down if the jury does not find Van Dyke guilty.

"No work. No school. No shopping," a flyer spreading word of the plans indicates.

"We are calling for a peaceful, non-violent shut down of the city," Pfleger wrote on social media this week. "Don't go to work, school or spend any money shopping."

Other post-verdict plans include a meet-up at 71st and Jeffrey, the site of another fatal police-involved shooting earlier this year, and a political office-seeking candidate calling for "smoke, smoke, smoke" in areas like Mount Greenwood, Rush Street and the Magnificent Mile.

Patch editors Tim Moran and Joe Vince contributed to this article.


Chicago police Ofc. Jason Van Dyke (left) is led away after his guilty verdict in the shooting death of Laquan McDonald on Friday, Oct. 5. (Photo by Antonio Perez–Pool | Getty Images). The judge in the case revoked his bond, and he was booked into Cook County Jail (Inset photo via Cook County Sheriff's Office) | Chicago police and the media gather at the Leighton Courthouse on Friday, Oct. 5, following the Jason Van Dyke verdict. (Photos by Lorraine Swanson | Patch)

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