Feds won't file civil rights charges against former CPD officer Jason Van Dyke in shooting death of Laquan McDonald
CHICAGO (CBS) -- Federal prosecutors on Monday announced they will not be filing any charges against former Chicago Police Officer Jason Van Dyke in the 2014 shooting death of Laquan McDonald.
Van Dyke was released from custody in February, after serving 3 ½ years in prison for second-degree murder, following his 2018 conviction by a Cook County jury.
Van Dyke was convicted of second-degree murder and 16 counts of aggravated battery for fatally shooting McDonald in 2014. In early 2019, Cook County Criminal Court Judge Vincent Gaughan sentenced Van Dyke to 81 months in prison, followed by two years of supervised release. Van Dyke served about half that 81-month sentence, because he was eligible to take time off his prison term for good behavior while in custody.
Van Dyke's release after less than four years in prison was a disappointment for some activists and members of McDonald's family, who have called for more charges against him. The Rev. Jesse Jackson is one of the people, along with Bishop Tavis Grant and other members of the Rainbow PUSH Coalition, who had been calling for federal civil rights charges to be brought against Van Dyke.
However, on Monday, U.S. Attorney Jon Lausch's office announced Van Dyke would not face any additional federal charges.
"The decision not to pursue a federal prosecution is consistent with Department of Justice policy and was made in consultation with Mr. McDonald's family. U.S. Attorney Lausch has spoken with a representative of Mr. McDonald's family on multiple occasions over the past three years, including recently, to discuss the factors the Department of Justice considers when deciding to bring a second prosecution. The family was in agreement not to pursue a second prosecution, and the Office respects their position," Lausch's office said in a statement.
The U.S. Attorney's office first opened an investigation in McDonald's death in April 2015, six months after McDonald was shot and killed, and the investigation has remained active and ongoing ever since
Federal prosecutors noted that pursuing a civil rights case against Van Dyke would not be a simple matter of retrying the state case that already resulted in a conviction.
"Federal prosecutors would need to prove to a jury beyond a reasonable doubt that Mr. Van Dyke willfully deprived Mr. McDonald of a constitutional right. To do that, prosecutors would have to prove not only that Mr. Van Dyke acted with the deliberate and specific intent to do something the law forbids, but also that his actions were not the result of mistake, fear, negligence, or bad judgment. It requires federal prosecutors to prove beyond a reasonable doubt what Mr. Van Dyke was thinking when he used deadly force, and that he knew such force was excessive. The federal law presents a very high bar - more stringent than the state charges on which Mr. Van Dyke was convicted," Lausch's office said in a statement.
Federal prosecutors also said, even if they managed to convict Van Dyke, a federal judge would have to factor in his previous 81-month prison sentence in the state case when sentencing Van Dyke, along with "the fact that Mr. Van Dyke served his state prison sentence with conduct entitling him under state law to be released early; and the fact that Mr. Van Dyke no longer is and never again will be a police officer.:
"Given these factors, there is a significant prospect that a second prosecution would diminish the important results already achieved," Lausch's office wrote.
Lausch's office also cautioned against drawing any conclusions from their decision in the Van Dyke case about the likelihood of filing civil rights charges against police officers in future criminal cases.
"The Department of Justice remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that credible allegations of civil rights violations are thoroughly examined," Lausch's office said.
