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Former Chicago cop Jason Van Dyke, who shot, killed Laquan McDonald, will not face federal charges, DOJ says
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The previous Chicago police officer who shot and killed Laquan McDonald won’t face federal civil rights prices following his launch earlier this 12 months after serving lower than the almost seven-year jail time period he acquired for the 2014 deadly capturing.
Jason Van Dyke was launched from jail after serving 3.5 years following his conviction for second-degree homicide and 16 counts of aggravated battery on state prices. He served lower than half of his 81-month sentence earlier than he was launched with time without work for good habits.
CHICAGO COP GETS 81-MONTH SENTENCE IN LAQUAN MCDONALD MURDER
In an announcement by the U.S. Legal professional’s Workplace for the Northern District of Illinois, authorities stated a federal investigation was opened into McDonald’s loss of life months after he was killed in October 2014.
“The choice to not pursue a federal prosecution is in line with Division of Justice coverage and was made in session with Mr. McDonald’s household. U.S. Legal professional Lausch has spoken with a consultant of Mr. McDonald’s household on a number of events over the previous three years, together with lately, to debate the elements the Division of Justice considers when deciding to deliver a second prosecution. The household was in settlement to not pursue a second prosecution, and the Workplace respects their place,” the workplace of U.S. Legal professional Jon Lausch stated in an announcement.
Authorities famous {that a} federal trial wouldn’t have been a retrial of the state’s case.
Former Chicago police Officer Jason Van Dyke appears to be like on throughout his homicide trial as a monitor shows a scene from a police car sprint cam video, moments after the capturing loss of life of Laquan McDonald. On Monday, federal prosecutors introduced they won’t search federal civil rights prices in opposition to Van Dyke.
(REUTERS/John J. Kim/Chicago Tribune/Pool by way of REUTERS)
“There is no such thing as a normal homicide cost underneath federal regulation that will apply. Federal prosecutors would want to show to a jury past an inexpensive doubt that Mr. Van Dyke willfully disadvantaged Mr. McDonald of a constitutional proper,” the assertion stated. “To try this, prosecutors must show not solely that Mr. Van Dyke acted with the deliberate and particular intent to do one thing the regulation forbids, but in addition that his actions weren’t the results of mistake, concern, negligence, or unhealthy judgment.
Van Dyke shot McDonald in October 2014 because the 17-year-old walked away from police on a Southwest Facet avenue whereas holding a knife. Sprint cam footage from the incident reveals Van Dyke firing 16 photographs at McDonald, prompted protests, a Justice Division investigation of the Chicago Police Division and the firing of the police superintendent, amongst different adjustments.
Witnesses accused Van Dyke of utilizing racial slurs and utilizing extreme power in opposition to suspects. Considered one of McDonald’s relations stated through the trial that Van Dyke killed {the teenager} “with out provocation,” and that McDonald was simply beginning to flip his life round when Van Dyke fatally shot him.
On this Nov. 24, 2015 file photograph, a person holds an indication with a photograph of Laquan McDonald on it, throughout a protest of the police capturing 17-year-old McDonald, in Chicago.
(AP)
Van Dyke stated in 2019 that he prayed “each day for the soul of Laquan McDonald.”
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Even when a federal trial resulted in a conviction, a decide must take into consideration the 81-month sentence Van Dyke was beforehand given and that he won’t ever once more be a police officer, federal officers stated.
Fox Information’ Audrey Conklin contributed to this report.