Capitol Fax.com - Your Illinois News Radar » Attorney general, state’s attorney file writ of mandamus on Van Dyke prison sentence
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Attorney general, state’s attorney file writ of mandamus on Van Dyke prison sentence

Monday, Feb 11, 2019 - Posted by Rich Miller

* This is huge…

Attorney General Kwame Raoul and Kane County State’s Attorney Joe McMahon today filed a petition for a writ of mandamus in the Illinois Supreme Court challenging the legality of former Chicago police officer Jason Van Dyke’s prison sentence.

The mandamus petition challenges the prison sentence issued Jan. 18 by Cook County Circuit Court Judge Vincent Gaughan following Van Dyke’s conviction for the shooting death of Laquan McDonald. Gaughan sentenced Van Dyke to 81 months in prison based on his conviction for second degree murder and not the more serious charges of 16 counts of aggravated battery with a firearm.

Raoul and McMahon, the special prosecutor who tried the case against Van Dyke, will work collaboratively in asking the Supreme Court to review whether the sentence was proper under the law. In their filing, Raoul and McMahon asked the court to direct Judge Gaughan to vacate Van Dyke’s sentence for second degree murder, impose a sentence on each of the 16 counts of aggravated battery with a firearm, and determine which of the aggravated battery with a firearm convictions involved “severe bodily injury” warranting consecutive sentences.

“After conducting a thorough review of the record in this case and the law, and in consultation with the special prosecutor, I determined that a mandamus action must be pursued in the Illinois Supreme Court,” Raoul said. “I appreciate the work done by the Kane County State’s Attorney throughout this case, and my office will continue to work with his as we seek the Supreme Court’s review.”

“It is important that a police officer was held accountable for criminal conduct,” said McMahon. “But we argued at the sentencing hearing that Jason Van Dyke should be sentenced for the aggravated battery with a firearm convictions. The ability for the prosecution to challenge a sentence is very narrow, but this might be one of those situations.”

If the petition is accepted by the court, Van Dyke’s attorneys will have seven days to file an objection, unless the court sets a different deadline. There is no timeframe for the court to rule on whether it will accept the petition and consider it.

…Adding… The writ is here.

       

25 Comments
  1. - Red Ketcher - Monday, Feb 11, 19 @ 11:15 am:

    “Huge” and the right thing to do. Commend them for acting.


  2. - wordslinger - Monday, Feb 11, 19 @ 11:16 am:

    Big heat on the Supremes.


  3. - 47th Ward - Monday, Feb 11, 19 @ 11:18 am:

    Good. Kudos to the AG and McMahon. Thankless but necessary.


  4. - Chris Widger - Monday, Feb 11, 19 @ 11:20 am:

    ==Thankless but necessary.==

    What? They will receive lots of kudos for this–they even already have in this comments section.


  5. - 47th Ward - Monday, Feb 11, 19 @ 11:26 am:

    ===they even already have in this comments section.===

    Probably on FB too. But since McMahon still has to work with police every day, maybe not so much around the office. Or on Second City Cop.

    The simple fact is, this extraordinary action should never have been needed.


  6. - Jack O’Sullivan - Monday, Feb 11, 19 @ 11:27 am:

    Who bought the Big Marijuana ad from the last thread? It fails to mention the THC levels only reach the 99% threshold in thc oil (not flower) and fails to mention the candies are branded as edibles (again not flower). Regulators can also impose advertising restrictions when they write the new law. Whoever wrote it doesn’t really understand marijuana or the eventual legislative process surrounding it.


  7. - Chris Widger - Monday, Feb 11, 19 @ 11:30 am:

    ==Probably on FB too. But since McMahon still has to work with police every day, maybe not so much around the office. Or on Second City Cop.==

    That’s fair, vis-a-vis McMahon.


  8. - the Edge - Monday, Feb 11, 19 @ 11:32 am:

    After having worked with coppers for 25 years I truly feel the majority of them do indeed feel Van Dyke went too far. This filing was necessary to protect the majority of the cops, who are decent understanding individuals. Van Dyke demonstrated he wasn’t.


  9. - DuPage Saint - Monday, Feb 11, 19 @ 11:32 am:

    Finding great bodily injury that requires consecutive sentences is going to be a huge deal


  10. - Three Dimensional Checkers - Monday, Feb 11, 19 @ 11:39 am:

    Can you ask the AG’s Office to release the actual petition? I do not think it is available on the Supreme Court website.


  11. - wordslinger - Monday, Feb 11, 19 @ 11:42 am:

    –What? They will receive lots of kudos for this––

    That will hardly be a universal reaction. You’ve never come across people who thought Van Dyke should not have been charged?


  12. - Fax Machine - Monday, Feb 11, 19 @ 11:58 am:

    If the AG is going to be a prosecutor then doesn’t that mean all the people who were saying the AG can’t go after corruption were wrong?


  13. - Rich Miller - Monday, Feb 11, 19 @ 11:59 am:

    ===If the AG is going to be a prosecutor===

    This isn’t new. AG Madigan filed three of these writs last year alone.


  14. - Name/Nickname/Anon - Monday, Feb 11, 19 @ 12:11 pm:

    Yes, so next time someone stabs someone to death and is convicted of second degree murder, we will need them sentenced for each stab wound.

    Makes a lot of sense.


  15. - Real - Monday, Feb 11, 19 @ 12:17 pm:

    Well can you find any case where someone stabbed another person to death and only received 6 years?


  16. - Name/Nickname/Anon - Monday, Feb 11, 19 @ 12:22 pm:

    The statute for 2nd degree murder recommends probation. The prosecution asked for 18. 6 may have been on the light side, but is well within reason.


  17. - Three Dimensional Checkers - Monday, Feb 11, 19 @ 12:30 pm:

    I am still skeptical that Lee is as open and shut as people seem to regard it. Lee was sentenced to more time on the aggravated battery than the second decree murder, which may have made the aggravated battery the more serious offense.

    I think it is interesting that the second part of the petition faults Judge Gaughen for not imposing any sentence on the aggravated battery. I could see the State winning on that issue — that Judge Gaughen had to impose some sentence for the aggravated battery. But then Judge Gaughen may impose a sentence on the aggravated battery of 70 months and try to claim that the second degree murder sentence is more serious because 81 > 70.


  18. - Bigtwich - Monday, Feb 11, 19 @ 12:31 pm:

    ===If the AG is going to be a prosecutor===

    Illinois law provides it is the duty of the Attorney General “To appear for and represent the people of the State before the supreme court in all cases in which the State or the people of the State are interested.”


  19. - Last Bull Moose - Monday, Feb 11, 19 @ 1:07 pm:

    I do think the Supreme Court justices need to sort out the law.

    I also think we need to rethink our methods of treating those convicted. As I understand it we incarcerate to protect citizens from dangerous people and to rehabilitate those convicted. Vengeance is not supposed to be part of the process.

    I do not see how jailing Van Dyke protects citizens or rehabilitates him.


  20. - theCardinal - Monday, Feb 11, 19 @ 1:36 pm:

    So is this a filing to say the Judge acted inappropriately in his ruling ? Don’t professs to be a lawyer but he was tried, adjudicted and sentenced in a court of law.


  21. - Keyrock - Monday, Feb 11, 19 @ 1:44 pm:

    Last Bull Moose - there are other factors in sentencing, including specific deterrence of the person convicted, general deterrence of others, and retribution (not vengeance) to respect the seriousness of the crime. A sentencing judge needs to balance all those factors in each case (as well as rehabilitation and danger to society).


  22. - Anonymous - Monday, Feb 11, 19 @ 1:46 pm:

    ===If the AG is going to be a prosecutor===

    And there’s a big difference between saying a judge blew the sentence in a criminal case and prosecuting public corruption. But stick to your talking points if that’s what matters to you.


  23. - Last Bull Moose - Monday, Feb 11, 19 @ 2:12 pm:

    Thanks Keyrock. I think 6 years sends a message of deterrence. More than that seems like a waste of resources.

    But the law may read differently.


  24. - Rich Miller - Monday, Feb 11, 19 @ 2:23 pm:

    ===I think 6 years sends a message of deterrence===

    lol

    He’s out in 3.


  25. - Huh? - Monday, Feb 11, 19 @ 3:53 pm:

    “He’s out in 3.”

    And in some circles, hailed as a martyr.


Sorry, comments for this post are now closed.


* Isabel’s afternoon roundup
* Pritzker on 'Fix Tier 2'
* Caption contest!
* House passes Pritzker-backed bill cracking down on step therapy, prior authorization, junk insurance with bipartisan support
* Question of the day
* Certified results: 19.07 percent statewide primary turnout
* SUBSCRIBERS ONLY - Update to today’s edition
* It’s just a bill
* Pritzker says new leadership needed at CTA
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller