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* Sun-Times…
Chicago Police Supt. Garry McCarthy will recommend the Chicago Police Board fire Dante Servin, the officer acquitted in the 2012 shooting death of Rekia Boyd, less than a year after Chicago’s top cop said the officer should never have been charged in the 22-year-old’s death.
“After considerable deliberation, I have come to the conclusion that Officer Dante Servin showed incredibly poor judgement in his efforts to intervene in a low-level dispute while off-duty,” McCarthy said in a prepared statement. […]
In April, McCarthy said the charge brought against Servin — involuntary manslaughter — should never have been filed.
“Because of the way that played out, what you didn’t know is the defense and all the intricate details of that particular event. . . . If the details of that case were known, I think it would be a lot clearer” why no charges were warranted, McCarthy said.
* Tribune…
Cook County prosecutors say a veteran Chicago police officer has been charged with first-degree murder in the killing of 17-year-old Laquan McDonald, who was shot 16 times in an on-duty incident on the Southwest Side in October 2014.
Officer Jason Van Dyke turned himself in to authorities Tuesday morning and is scheduled to appear in bond court at noon at the Leighton Criminal Court Building. […]
The charges would come less than a week after a Cook County judge ordered the release of the video, which Mayor Rahm Emanuel’s administration had long sought to keep out of public view. As Emanuel urged prosecutors to conclude their investigation Monday, he met with community leaders and aldermen to defend his handling of the controversy amid criticism that City Hall has not done enough to address police misconduct.
Ordered to release the video no later than Wednesday, the mayor called on religious leaders and activists to encourage peaceful demonstrations even as staff prepared for the public fallout and discussed the best way to unveil the video.
* Sun-Times…
The charges is believed to be the first time in Chicago history an on-duty police officer is charged with such a crime.
And now you know why some cops allegedly erased private video of the shooting. If that had been made public last year in the aftermath of Ferguson… whew.
* Sen. Kwame Raoul…
When I learned that a video of Laquan McDonald’s final moments was to be released to the public, I knew that many would fear its impact, remembering the self-destruction oppressed communities elsewhere have experienced following acts of police brutality and excessive force.
I believe we can do better in Chicago. But I am not calling for calm. There’s nothing to be calm about. Instead, I’m calling for sustained, focused, constructive outrage that demands full accountability but doesn’t destroy community.
Because of legislation I advanced earlier this year, we now have legal protocols in place that mandate independent investigations of police-involved deaths, expose the misdeeds of rogue cops so they don’t quietly move from one department to another, require improved officer training on bias and the use of force and establish funding and protocols for the use of body cameras.
But I know it’s not enough.
Everyone responsible in this atrocity – not only Officer Van Dyke, but any individual who participated in a cover-up that delayed justice for Laquan McDonald and his family – must be held accountable. We should direct our outrage toward asking our local prosecutor whether it would have taken 13 months to resolve this case if the video had shown a civilian committing the same act. We should ask why Office Van Dyke was still on the beat after 17 public complaints were filed against him and the City paid half a million dollars to settle allegations that he had used excessive force. We should question the ability of Chicago’s independent police review authority, which has recent come under scrutiny from the Better Government Association, to do its job with integrity. And as we call on our neighbors to abandon the no-snitch code, in our outrage we demand the same of law enforcement.
Watch the video. Don’t be destructive. But don’t be calm.
* Meanwhile, Northwestern University law professor Max Schanzenbach has some ideas…
Give the police superintendent and the mayor the power to fire any officer for any reason that does not otherwise violate a general employment statute. Problem officers could not escape attention, and city executives could not pass the buck on discipline by pointing to an arbitrator or regulation. Internal human resources departments could monitor and discipline, free from constraining regulations and collective bargaining agreements. […]
A less dramatic reform would be to prohibit local governments from paying for officers’ settlements in civil rights cases. Instead, require officers to buy professional liability insurance, just as we require doctors to carry medical malpractice insurance. Officers with multiple complaints would see their premiums dramatically increase and would be priced out of employment. Liability may also reduce police resistance to cameras and other monitoring devices, which could help protect police officers from frivolous litigation.
Right now, the taxpayers are the insurer, paying for settlements and for lawyers.
More limited reforms would prohibit unions from bargaining over the monitoring of police behavior and would make arbitration subject to judicial review.
Our current system ensures that victims and taxpayers bear all the costs of police misconduct, while the vast majority of hardworking police officers have their reputations stained by the terrible, undisciplined actions of a few.
*** UPDATE 1 *** AP…
Gov. Bruce Rauner says Illinois State Police are working with Chicago officials to ensure people remain safe following the release of a video that shows a white police officer shooting a black teen 16 times.
Rauner said Tuesday his office has been briefed on the contents of the video that shows 17-year-old Laquan McDonald’s death in 2014. […]
Rauner says the video is “very troubling” and that he expects public reaction to be “strong.” But he says he hopes and believes the response will be “thoughtful and peaceful.”
The Republican declined to say whether he’s deployed additional troopers to Chicago or put the Illinois National Guard on standby.
*** UPDATE 2 *** And yet it took her a year to bring charges…
Cook County prosecutors said in court Tuesday that a Chicago police officer charged with first-degree murder opened fire six seconds after exiting his squad car as 17-year-old Laquan McDonald was walking away from him.
Officer Jason Van Dyke fired 16 rounds at McDonald in about 14 seconds and was reloading when another officer told him to hold his fire, prosecutors said during bond court.
Judge Donald Panarese Jr. ordered Van Dyke held without bail until the judge can personally view on Monday a police dash-cam video of the shooting from October 2014.
While the kid was walking away.
posted by Rich Miller
Tuesday, Nov 24, 15 @ 11:45 am
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Comment by Dome Gnome Tuesday, Nov 24, 15 @ 11:50 am
I just posted this in yesterday’s thread. The comments about blame and strategy apply here.
==The fact that the judge is releasing this on tape on one of the most historically drunken evenings of the year==
That’s on Emanuel, not the judge.
The city can release the tape as soon as it wants to. Wed, today, yesterday, 6 months ago.
It just can’t release it LATER than tomorrow.
Rahm’s understanding of the universe is so flawed that he hoped that a) things would settle down or b) people would forget about it or c) his prepayment to the family would keep a lid on it.
Now that the situation in MN has become even more horrifying, the “wisdom” of his ostrich strategy speaks for itself.
He’s not the only one to blame. But his hands aren’t as tied as he makes out. Neither are McCarthy’s.
And Alvarez has had free reign all along to bring charges.
How “independent” was her decision? I’ll bet she fought it tooth and nail. FOP seems to be sticking behind the officer, and they’re just about the only group left rooting for her reelection.
Comment by crazybleedingheart Tuesday, Nov 24, 15 @ 11:51 am
The on duty murder is a pretty bad cover up. Supervising officers went into a Burger King and erased an hour of video tape that caught events outside. And audio was erased from the patrol car that taped the event.
I’m all for protecting our men and women in uniform but this is inmates running the asylum. The kid, while a threat standing, was down and incapacitated and then took another ten bullets.
Comment by Chicago PR Guy Tuesday, Nov 24, 15 @ 11:51 am
The Servin flip by McCarthy is more softening up of the ground prior to the video release.
Who’s investigating the missing video and audio?
Are the federales going to get involved?
Comment by wordslinger Tuesday, Nov 24, 15 @ 11:54 am
First degree murder? I really hope they aren’t overcharging him to help him secure an acquittal. I’ll have to wait for the evidence like everybody else, but why couldn’t they charge him with negligent homicide or involuntary manslaughter, where it seems like a conviction would be possible on the strength of the video evidence.
First degree murder requires intent, doesn’t it? Lawyers, help me out. I think finding a motive is going to be difficult.
Also, I like the idea of letting these guys fend for themselves legally when civil rights violations occur. I hate paying to defend this stuff.
Comment by 47th Ward Tuesday, Nov 24, 15 @ 11:55 am
The Servin response is flat-out insulting. All good questions by wordslinger.
Have all the “respect for law enforcement” you want; CPD has not been a bad-apple story in a long time, if ever.
You can’t conspiracy alone.
Comment by crazybleedingheart Tuesday, Nov 24, 15 @ 11:56 am
“Officers with multiple complaints would see their premiums dramatically increase and would be priced out of employment.”
I am not sure how such complaints would work. If it is based on founded complaints, it may work as intended. However, if the premiums get adjusted solely on the numbers, rather than validity of the complaint, it may create a system where complaints are issued solely for the purpose of causing officers grief or to outright get rid of one. Sometimes officers have enemies because they are bad cops, other times because they are good ones.
Comment by HJohn Tuesday, Nov 24, 15 @ 11:59 am
Word has questions I want answered too.
At the same time, the only thing keeping the city of Chicago, CPD and Anita Alvarez from literally covering up an alleged murder is the fact that video is about to be released. Without that, they would’ve been happy to let an alleged murdering cop walk. Nothing has changed in the past year other than the video being released.
You can say there are good cops - and you’re right, there are - but even the good ones in CPD don’t have a problem covering for the bad ones, and that’s a real problem. Everything falls at Rahm’s feet, and hopefully this is just another nail in Anita’s coffin.
Comment by Joe Bidenopolous Tuesday, Nov 24, 15 @ 12:03 pm
You can attend a CAPS meeting in any area of the City to discover that CPD has been over-whelmed for many years, sometimes lacking simple equipment. An officer once told us he didn’t have a radio and refused to go down a dark alley without one. There are no solutions, not easy ones.
They’re not re-placing officers anymore—as they retire or leave.
But, that is not an excuse to shoot someone 16 times. Was this an officer who was clearly stressed and shouldn’t have been working (after 15 yrs of patrolling bad areas) or an incompetent who should never have been on the force?
We’re going to hear a lot of horrid and interesting stuff over the next few months plus this will be all over National TV.
Comment by Belle Tuesday, Nov 24, 15 @ 12:06 pm
1st Degree could be intent but it also can be knowing that your actions create strong probability of death or great bodily harm
Comment by Generation X Tuesday, Nov 24, 15 @ 12:07 pm
Nope. Chicago doesn’t want any Ferguson or Baltimore in the President’s home town!
Comment by VanillaMan Tuesday, Nov 24, 15 @ 12:12 pm
Now we will see how our governor governs.
Comment by My New Handle Tuesday, Nov 24, 15 @ 12:13 pm
Who are the officers who covered this up by deleting the burger king footage? we should know their names too.
Comment by hisgirlfriday Tuesday, Nov 24, 15 @ 12:14 pm
VMan, I think it’s safe to say that Chicago wouldn’t want a reaction like Ferguson or Baltimore even if the president’s hometown was Nairobi.
No city, anywhere, wants a reaction like that.
Comment by wordslinger Tuesday, Nov 24, 15 @ 12:15 pm
==even the good ones in CPD don’t have a problem covering for the bad ones, and that’s a real problem.===
Yes. And they complain about the code of silence within city neighborhoods.
Comment by Robert the Bruce Tuesday, Nov 24, 15 @ 12:18 pm
==First degree murder requires intent, doesn’t it?==
@47th Ward - iirc it is ==committed in a cold, calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a life by unlawful means==
Unless Alvarez has some remarkable evidence, proving he began that shift with a preconceived plan to kill Laquan McDonald in a cold, calculated and premeditated manner while on patrol sets a very high bar to clear.
Comment by Formerly Known As... Tuesday, Nov 24, 15 @ 12:20 pm
47th Ward, see
https://www.law.cornell.edu/wex/mens_rea
for a discussion of criminal intent. As for insurance, it is a interesting idea. Worth discussion. However, as Doctors charge patients for the cost of insurance police offices would have to see compensation raise to carry insurance.
Comment by Bigtwich Tuesday, Nov 24, 15 @ 12:21 pm
==Who are the officers who covered this up by deleting the burger king footage? we should know their names too.==
I’m hopeful burger king still has the footage of the officers who entered the burger king after the shooting. But it has been over a year - not sure they’d keep it that long.
Comment by Robert the Bruce Tuesday, Nov 24, 15 @ 12:24 pm
McCarthy is saying politics were not involved in his decision. The timing suggests they were. He needs to go. There is no confidence in either the Mayor or McCarthy.
Comment by Wensicia Tuesday, Nov 24, 15 @ 12:25 pm
47th Ward - Gen X is correct. Also, you charge the highest possible crime, because you can always get a conviction on a lesser included offense, such as second-degree or manslaughter. You can’t go the opposite way, so what you charge is the most severe crime.
Comment by Archiesmom Tuesday, Nov 24, 15 @ 12:25 pm
Why aren’t the guys who erased the video tapes facing any consequences? Sounds like obstruction of justice to my untrained legal eye.
Comment by carb711 Tuesday, Nov 24, 15 @ 12:29 pm
= Are the federales going to get involved? =
I believe I read this morning that a federal grand jury has been convened and has been convened and has been in session and hearing itnesses for months.
Comment by Archiesmom Tuesday, Nov 24, 15 @ 12:29 pm
“Chicago doesn’t want any Ferguson or Baltimore (reaction)”
Anyone remember the photos of riot police in Ferguson lining up beneath a cheerily lit “Season’s Greetings” banner? That happened exactly one year ago tomorrow, IIRC. Hopefully, history will not repeat itself.
Comment by Secret Square Tuesday, Nov 24, 15 @ 12:31 pm
@47th In the Servin case, Judge Porter said that knowingly firing a gun at someone on the street “is intentional and the crime, if any there be, is first-degree murder.” So that had to be the call here.
Comment by Young State Worker Tuesday, Nov 24, 15 @ 12:33 pm
47th Ward and GenX are probably right. 1st Degree is going to be really hard to prove. The Gov and Rahm are concerned about reactions over the video? What happens if they cannot prove their case? They think this is going to cool off?
Comment by Belle Tuesday, Nov 24, 15 @ 12:33 pm
Why doesn’t somebody need a license to be a cop?
We need licenses to do everything else, like cut hair or give a massage.
If the board pulled the license (like a lawyer), then the person couldn’t be a cop (until they get it back).
Comment by jerry in chicago Tuesday, Nov 24, 15 @ 12:34 pm
Maybe ya’ll should wait to see the video before you say 1st Degree will be hard to prove. Just saying.
Comment by AlabamaShake Tuesday, Nov 24, 15 @ 12:35 pm
I think we have to expect that some people will take the release of tape as an excuse for bad actions. I hope that having a three day run up to the release, along with published descriptions of what is on the tape, will allowe cooler heads to be in the majority. I’m with Kwame - controlled anger and outrage can be very powerful and, I hope, a catalyst for severe scrutiny of CPD.
Comment by Archiesmom Tuesday, Nov 24, 15 @ 12:35 pm
“Why doesn’t somebody need a license to be a cop?”
Good question. I personally believe licensing should be required only, or primarily, for professions in which one’s negligence or lack of proper training could get someone killed, seriously injured, or imprisoned. Cops fit that description far more than hair braiders or interior decorators do.
Comment by Secret Square Tuesday, Nov 24, 15 @ 12:38 pm
I’m no fan of what is happening with CPD but I strongly disagree with the law prof’s ideas. The whole idea of giving independent jurisdiction over discipline of police officers was to keep internal politics out of the process to the extent possible. The idea of police officers paying insurance premiums out of their own pocket is unreasonable given their salaries. Not that any of this is relevant because FOP would make sure that its DOA.
Comment by Southside Markie Tuesday, Nov 24, 15 @ 12:39 pm
@ 47th Ward:
“Intent” and “motive” are not the same thing. Intent means that you intended to perform the act. Motive is the reason you performed it, and is not required to prove murder.
Furthermore, intent is not necessarily required to prove murder. It depends on which section of the statute is charged. Here, it’s most likely alleged that the officer acted “knowingly”.
@ Formerly Known As:
Nope, what you’ve quoted is an aggravating factor for sentencing under the old death penalty statute, not an element of 1st-degree murder.
Comment by JoanP Tuesday, Nov 24, 15 @ 12:47 pm
Thanks JoanP and others. I’ll wait for the evidence and let the chips fall where they may. Maybe it’s me simply hoping this wasn’t a case of first degree murder, that a police officer didn’t intentionally kill someone, that somehow it was a horrible mistake.
Regardless, CPD better be on notice. After tomorrow, it’s a whole new ball game for them. Business as usual can’t be tolerated anymore. It’s a shame it had to come to this, but there is no better time to start a new path than right now.
Comment by 47th Ward Tuesday, Nov 24, 15 @ 12:54 pm
I don’t know for certain about CPD but many suburban police officers before being hired must pass a psych test, polygraph and POWER test before attending the academy and they need to pass a certification test at the academy.
Comment by Cable Line Beer Gardener Tuesday, Nov 24, 15 @ 12:55 pm
https://news.google.com/newspapers?nid=1873&dat=19801006&id=9-4wAAAAIBAJ&sjid=GeAFAAAAIBAJ&pg=1367,3055205&hl=en
This is a story of a shooting involving DEA in Miami. The suspect was shot 32 times and the prosecutor said overkill is not a crime.
Comment by Tsavo Tuesday, Nov 24, 15 @ 12:57 pm
The “code of silence” is a plague in almost all areas of modern life.
People in leadership positions must set a culture of receiving difficult reports about criminal and unethical activities and then taking actions to stop it.
It is very disturbing that this has taken so long to play out. Sen. Raoul is spot on, “And as we call on our neighbors to abandon the no-snitch code, in our outrage we demand the same of law enforcement.”
Comment by cdog Tuesday, Nov 24, 15 @ 1:00 pm
@JoanP - memory lol. Here is 720 ILCS 5/9-1
==(a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
(2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or
(3) he is attempting or committing a forcible felony other than second degree murder.==
Comment by Formerly Known As... Tuesday, Nov 24, 15 @ 1:08 pm
==- HJohn - Tuesday, Nov 24, 15 @ 11:59 am:==
Could you point me to some research that “good” cops get complaints filed against them again and again just because they are so good at busting criminals? I hear this over and over again, so I would just like something to back it up besides conveniently-timed anecdotes.
Comment by Precinct Captain Tuesday, Nov 24, 15 @ 1:11 pm
“A less dramatic reform would be to prohibit local governments from paying for officers’ settlements in civil rights cases. Instead, require officers to buy professional liability insurance, just as we require doctors to carry medical malpractice insurance. Officers with multiple complaints would see their premiums dramatically increase and would be priced out of employment. Liability may also reduce police resistance to cameras and other monitoring devices, which could help protect police officers from frivolous litigation.”
This seems moronic. Police officers are required to pay any punitive damages award against them personally. The City will not cover these awards. In addition, no insurance policy would ever cover punitive damages. Unlike doctors and lawyers and accountants and any other “professionals” sued for malpractice, police officers are hit with punitive damages more often. Even an award of $10,000 or so in punitives can be devastating to an officer, particularly if the award carries payment of attorney’s fees.
http://cookcountyrecord.com/stories/510579186-seventh-circuit-lets-city-of-chicago-off-the-hook-for-paying-attorney-s-fee-award-against-cop
Comment by paddyrollingstone Tuesday, Nov 24, 15 @ 1:11 pm
As mentioned above there is a certificate issued by the Local Governmental Law Enforcement Training Board. The certificate can be revoked, which would prevent a person from continued employment as an officer. Revoking a certificate is rarely done. Often times problem officers are offered a choice of resigning or termination. When they resign they keep their certification and go on to be problem officers in another city.
Comment by Pacman Tuesday, Nov 24, 15 @ 1:13 pm
@Precinct Captain: Could you point me to some research that “good” cops get complaints filed against them again and again just because they are so good at busting criminals? I hear this over and over again, so I would just like something to back it up besides conveniently-timed anecdotes.
_______
No. I don’t have any. It wasn’t my point to say cops have false complaints against them frequently. I really don’t know how often it happens. My question was about the issue of premium costs, and if they would be tied to the number of complaints or founded complaints only. I was curious, if it was based solely on the number of complaints, if that would create a dynamic where false complaints could be used to target one or more specific cops.
Comment by HJohn Tuesday, Nov 24, 15 @ 1:33 pm
==proving he began that shift with a preconceived plan to kill==
Premeditation can be formed at almost any time up until the act. If, before the action is committed, the person decided to kill somebody, it could be a minute before and still qualify as premeditation.
Comment by Demoralized Tuesday, Nov 24, 15 @ 1:36 pm
This sounds like a poorly trained and undisciplined police force. The cover up makes a bad situation much worse.
I would rather hunt with Dick Cheney than with someone who fires 16 rounds.
Comment by Last Bull Moose Tuesday, Nov 24, 15 @ 1:38 pm
It’s simple really; CPD Officer formed intent to kill when LM refused orders to stop.
Comment by jerry in chicago Tuesday, Nov 24, 15 @ 1:43 pm
There would have been vastly different outcomes if either Ferguson or Baltimore been publicized a year after the event.
Where was the Federal Government during the time of the shooting and this week? - They didn’t know? No one contacted them? An effective cover up, preventing their involvement?
Comment by VanillaMan Tuesday, Nov 24, 15 @ 1:45 pm
I have looked at the state statute regarding recording officers in the line of duty. Its pretty vague. You can record in public only if the conversation is loud enough to be overheard? It didn’t give a space requirement. So … If a cop was talking very low to someone in public, the person standing right next to the individual being addressed, would fit in that definition? Help me out here … please.
Comment by FedUp Tuesday, Nov 24, 15 @ 2:04 pm
==It’s simple really; CPD Officer formed intent to kill when LM refused orders to stop.==
Which would be not only illegal but murderous.
Comment by crazybleedingheart Tuesday, Nov 24, 15 @ 2:05 pm
And still nothing from the city or activists on this from June 2015
==In the video, recorded in December 2013, a Chicago police officer, identified in court documents as Marco Proano, shoots into a moving car of six unarmed teenagers at 95th and LaSalle streets on the city’s South Side. Two of the teenagers were shot – one in the shoulder and the other in the left hip and right heel, according to court documents.
Retired Cook County Judge Andrew Berman was so troubled by the video that he provided it to the Reporter. Berman was the judge in a criminal case against one of the teenagers. He described Proano’s actions as the most unsettling thing he’d seen in his 18 years as a judge and 17 years as a public defender.
“I’ve seen lots of gruesome, grisly crimes,” he said. “But this is disturbing on a whole different level.”==
Comment by Formerly Known As... Tuesday, Nov 24, 15 @ 2:23 pm
The only reason that this video is being released more than a year after the fact is that a lawsuit was filed by…a freelance journalist. Where was the mainstream media? Why didn’t the Tribune or Sun Times or Associated Press or any of the heavyweights sue?
I don’t know the answer to that question, but the fact that you have to dig to find out the identity of the plaintiff, plus the lack of legal action by self-anointed watchdogs in the mass media, is troubling, and it helps explain why students at the University of Missouri didn’t want media present to cover events on campus.
The Tribune, the Associated Press, the Sun Times and a half-dozen other media outlets should have been racing to the courthouse to get this tape out. It appears that someone else had to do the heavy lifting.
Comment by Where Was The Media? Tuesday, Nov 24, 15 @ 2:30 pm
==Why didn’t the Tribune or Sun Times or Associated Press or any of the heavyweights sue?==
For the same reason none of them knew a thing about Homan Square despite knowing plenty about it.
The Guardian could tell you all about our local media’s penchant for reporting via CPD press release.
Comment by crazybleedingheart Tuesday, Nov 24, 15 @ 2:33 pm
Well, mayor’s press releases, anyway. Let’s not forget about how nobody noticed BBB’s no-bid contract with CPS, either.
Comment by crazybleedingheart Tuesday, Nov 24, 15 @ 2:35 pm
Maybe a silly question, but with 16 bullets, did he have to reload?
Comment by Man with a plan Tuesday, Nov 24, 15 @ 2:45 pm
http://www.chicagotribune.com/news/opinion/zorn/ct-400-days-really-alvarez-really-mccarthy-really-rahm-20151124-story.html
Tomorrow, before you ask why people are still outraged even after the killer cop is charged with murder, remember that the outrage was caused by all the bad actors who all wanted this to just go away — from Alvarez, Rahm and McCarthy at the top, all the way back down to the cops who tried to covered it up. People who, in person or on video, watched the murder take place. People who swore an oath to uphold the law. People who never the less hoped that this crime could just be buried and ignored.
They too, are why people are, and will be, outraged.
– MrJM
Comment by @MisterJayEm Tuesday, Nov 24, 15 @ 2:47 pm
==- crazybleedingheart - Tuesday, Nov 24, 15 @ 2:35 pm:==
Sarah Karp at Catalyst actually flagged the BBB story and her inquiry launched a CPS IG investigation that was turned over to the US Attorney.
Comment by Precinct Captain Tuesday, Nov 24, 15 @ 2:50 pm
==- Man with a plan - Tuesday, Nov 24, 15 @ 2:45 pm:==
According to Anita Alvarez’s office, the killer was reloading when he was asked to hold fire by a coworker
Comment by Precinct Captain Tuesday, Nov 24, 15 @ 2:57 pm
The one-page criminal complaint lodged against Van Dyke charged him with shooting McDonald “without legal justification and with the intent to kill or do great bodily harm.” That’s what you allege for murder one in this type of case. Given the information in Update 2, with witness corroboration, that charge is completely justified.
Comment by Archiesmom Tuesday, Nov 24, 15 @ 3:07 pm
Yes, exactly, Precinct Captain.
(Catalyst is not the Trib or Sun-Times. I’d class Karp as independent, not MSM.)
Comment by crazybleedingheart Tuesday, Nov 24, 15 @ 3:11 pm
Anita Alvarez needs to be careful. Her comments at the news conference are on the thin edge of violating the Code of Professional Responsibility, if not completely over the line.
And I hope, when this gets to the grand jury, they have the sense to charge murder under 9-1(a)(2) in addition to (a)(1). Intent is tough to prove. But if the circumstances are as outlined, it shouldn’t be hard to prove that the officer knew his acts created a “strong probability of death or great bodily harm”.
Lord knows when I was practicing it was a rare murder case in which I didn’t see that section charged.
Comment by JoanP Tuesday, Nov 24, 15 @ 3:15 pm
As I mentioned yesterday, I have no earthly idea why the trial judge is releasing the tapes tomorrow–one of the biggest alcohol-fueled amateur nights of the year. I hope I am wrong but I believe that will prove to be a poor decision.
This tape is sure to inflame and incite and I guess it should. This police officer has made the job of all of his public safety colleagues just a bit more difficult.
McCarthy needs to crack down on the rogue “erase squad” as this is not activity that should ever be covered up.
Comment by Jake From Elwood Tuesday, Nov 24, 15 @ 3:17 pm
Zorn in the Tribune put the time at 400 days between the “incident” and the formal charge.
Comment by Louis G. Atsaves Tuesday, Nov 24, 15 @ 3:29 pm
==- Jake From Elwood - Tuesday, Nov 24, 15 @ 3:17 pm:==
It is the city that is choosing to wait. The judge in the FOIA case set tomorrow as the deadline. The city has had every single second since the decision to release the video. The city has had every single second since the killing to release the video. The blame falls squarely on the hide-everything-no-matter-the-cost administration of Rahm Emanuel and his handpicked police chief Garry McCarthy.
Comment by Precinct Captain Tuesday, Nov 24, 15 @ 3:33 pm
My bet is that it’s going to blow up. The fact that it was hushed up for a year is going to be gasolene on the fire. That plus the Homan Square police black ops site. I get why they placed this news to go right around Thanksgiving. But my concern is the combination of Black Friday frenzy plus this. It could blow up into major looting. That’s what I’m afraid of. Of course nobody wants this to happen. But passions are so high right now. I think that is why we are seeing unprecedented worry on the part of the Rahm admin and other officials.
Comment by Honeybear Tuesday, Nov 24, 15 @ 3:34 pm
JoanP is correct, everything about the charging is wildly divergent from how murders are usually prosecuted in Chicago.
Sick and sad.
Speaking of, this is late and puny…and makes no mention of investigating any and all reports of evidence-tampering.
https://twitter.com/cbschicago/status/669264100040527872
Comment by crazybleedingheart Tuesday, Nov 24, 15 @ 3:41 pm
Tape to be released in 30 mins.
Comment by crazybleedingheart Tuesday, Nov 24, 15 @ 3:57 pm
CBS2 now says video will be released at 4:30 today during live press conference with Mayor and Supt. McCarthy.
Comment by Secret Square Tuesday, Nov 24, 15 @ 3:58 pm
Did anyone else just hear WBEZ in Chicago announce that the video is being released today, within the hour?
Comment by Really? Tuesday, Nov 24, 15 @ 4:01 pm
From the Tribune:
“Cook County State’s Attorney Anita Alvarez said Tuesday she decided weeks ago to charge a Chicago police officer with first-degree murder charges for the shooting of an African-American teen but held off until federal authorities completed their part of the joint investigation.”
Weeks ago? If the video hadn’t prompted her action to press charges, how many more weeks would pass before she did, if at all? The waiting on the Feds excuse is bogus.
Comment by Wensicia Tuesday, Nov 24, 15 @ 4:03 pm
If this blows up, Emanuel will own it. A huge part of the problem is how the city has tried to hide it, and that’s on the mayor. They’ve had a year to get the house in order, from finding and punishing–including charges of obstruction of justice–the cops who deleted the Burger King video to charging the accused killer, if, in fact, charges are merited.
It is hard to escape the conclusion that the Emanuel administration had to be dragged kicking and screaming into daylight, and when it became clear that they could hid no longer, that’s when they started doing things that should have been done a long time ago. That’s how it looks, and that is what Emanuel is going to have to answer for.
Comment by Where Was The Media? Tuesday, Nov 24, 15 @ 4:08 pm
==But my concern is the combination of Black Friday frenzy plus this.==
And the current gang ==war== that started in October and caught Tyshawn Lee this month.
Comment by Formerly Known As... Tuesday, Nov 24, 15 @ 4:12 pm
Corey Brooks, pastor of New Beginnings Church of Chicago, announced earlier today that the Department of Justice has called him and other Chicago pastors to act as a buffer so that violence doesn’t get out of hand as people protest.
Comment by Really? Tuesday, Nov 24, 15 @ 4:15 pm
Why are they advancing the release of this video so it is timed just before sun set tonight instead of after sun rise tomorrow?
Comment by Formerly Known As... Tuesday, Nov 24, 15 @ 4:16 pm
were the Feds investigating all of the police involved in this case? the dash cam video comes from a car which was quite far from the incident site, which is why the video is long but not informative of the incident until late in the video. the car of the shooter seems to have been on scene first. and then another car rolls up. it seems to show the shooter from a long distance and then as the second car on scene shows up, the multiple shots as Laquan was on the ground are fired from out of frame. the video is not as clear as I expected. also, there is some question about video from a fast food place nearby? and tapes being erased. that sounds like a Federal investigation in the making, which is why, yes, the State case may not be as slam dunk as watch the video and charge. and also why this may involve more than this criminal charged.
Comment by Amalia Tuesday, Nov 24, 15 @ 6:43 pm
FKA, if you remember this is how the Grand Jury Report was handled in Ferguson, last year. They waited until citizens were home from school and work before releasing the information. It’s by design.
Comment by Dome Gnome Tuesday, Nov 24, 15 @ 9:08 pm