On October 20, 2014, in Chicago, Illinois, Laquan McDonald, a 17-year-old boy, was murdered by Chicago Police officer Jason Van Dyke. Police had initially reported that McDonald was behaving erratically while walking down the street, refusing to put down a knife, and that he had lunged at officers. Preliminary internal police reports described the incident similarly, leading to the shooting being judged as justifiable, and Van Dyke not being charged at the time. This was later disproved after a video of the encounter was released, showing that McDonald was walking away from Van Dyke at the time.
The video of the shooting was initially withheld from the public for more than a year, a delay which later sparked criticism. On November 24, 2015, thirteen months after the shooting, a court ordered the police to release a dash cam video of the shooting. It showed that McDonald was walking away from the police when he was shot 16 times by Officer Van Dyke. That same day, Van Dyke was charged with first-degree murder, and was initially held without bail at the Cook County Jail. He was released on bail on November 30. The city reached a settlement with McDonald's family for $5 million in April 2015. On October 5, 2018, Van Dyke was found guilty of second-degree murder, as well as 16 counts of aggravated battery with a firearm. Van Dyke was sentenced to prison in January 2019 and was released early for good behavior in February 2022.
Protests followed the murder of McDonald, criticizing the lack of transparency from the Rahm Emanuel administration, demanding changes in police and judicial procedures and police oversight, and for the dismissal or resignation of city and county officials including the mayor. For several months, Emanuel had claimed that making the video public would jeopardize a federal investigation into the shooting and had resisted allowing the video to be shown to the public; however, the Justice Department never raised any issues with the public release of the footage. Rahm Emanuel had already won a second term in 2015 as Mayor of Chicago (prior to the release of the dash cam video), but Cook County State's Attorney Anita Alvarez lost her bid for reelection in 2016.
At the request of Illinois Attorney General Lisa Madigan, the United States Department of Justice initiated a civil rights investigation into McDonald's murder and the activities of the Chicago Police Department. It released its report in January 2017, describing the police as having a culture of "excessive violence," especially against minority suspects, and of having poor training and supervision. DOJ and city officials signed a consent decree for a plan for improvement to be overseen by the courts. Moreover, three Chicago police officers were tried for allegedly attempting to cover up events related to the murder, and were found not guilty by the Cook County Circuit Court on January 17, 2019.
Profiles
Laquan McDonald
Laquan Joseph McDonald (September 25, 1997 – October 20, 2014) was from the 37th Ward of Chicago. According to NBC Chicago news, McDonald earned $1,100 working after school in the Youth Advocate Program in 2014. His final report card showed that he had earned an A in personal finance and music, a B in world studies and reading, and Cs in biology and algebra. He had a younger sister and brother. One of McDonald's teachers described him as "very respectful and reserved". The teacher added that McDonald "was not aggressive".
Toxicology reports later revealed that McDonald had PCP in his blood and urine at the time of the encounter with police. Defense expert pharmacologist James Thomas O'Donnell testified that the amount found was enough to suggest he had taken the drug on the day of the shooting, and that it could cause "significant bizarre behavior".
Jason Van Dyke
Jason D. Van Dyke (born c. 1978) was born in Hinsdale, Illinois, and graduated from Hinsdale South High School in 1996. He earned a bachelor's degree in criminal justice from St. Xavier University in Chicago. A 14-year veteran of the Chicago Police Department, Van Dyke is married and has two children. Since 2001, some 20 citizen complaints had been filed against Officer Van Dyke, but none resulted in disciplinary action.
Ten of the complaints allege he used excessive force, and two involve the use of a firearm. A jury awarded a Chicago man $350,000 after determining Van Dyke employed excessive force during a traffic stop. One complaint involved verbal abuse by Van Dyke, who was alleged to have used a racial slur. Van Dyke was involved in preparing questionable documentation of a separate shooting in 2005.
According to CNN, "the Chicago Police Department has about 12,000 officers. Like Van Dyke, 402 officers have 20 or more complaints on file in the database. The most complaints against any officer, according to the database, is 68. The database shows that of the 20 complaints against Van Dyke, none resulted in discipline. Five complaints in the database were "not sustained", five were unfounded, four resulted in exoneration, five had unknown outcomes, and one resulted in no action taken."
Events
Shortly before 10:00 p.m., police were called to investigate McDonald at 4100 South Pulaski Road, responding to reports that he was carrying a knife and breaking into vehicles in a trucking yard at 41st Street and Kildare Avenue. When officers confronted McDonald, he used a knife with a 3-inch (7.6 cm) blade to slice the tire on a patrol vehicle and damage its windshield. McDonald walked away from police after numerous verbal instructions from officers to drop the knife, at which point responding officers requested Taser backup, according to radio recordings released December 30, 2015, to Politico and NBC Chicago in response to Illinois Freedom of Information Act requests.
Video of the murder shows that Van Dyke was advancing on McDonald, while McDonald was walking away from Van Dyke when the first shot was fired. The first shot hit McDonald, who spun and fell to the ground. As McDonald lay on the ground, still holding the knife, Van Dyke fired more shots into him.
In total, Van Dyke fired 16 shots at McDonald in 14–15 seconds, expending the maximum capacity of his 9mm semi-automatic firearm. Van Dyke was on the scene for less than 30 seconds before opening fire, and began shooting approximately six seconds after exiting his car. The first responding officer said that he did not see the need to use force, and none of the approximately eight other officers on the scene fired their weapons.
McDonald was taken to Mount Sinai Hospital, where he was pronounced dead at 10:42 p.m.
Initial police report
The initial police portrayals of the incident, consisting of about 400 pages of typed and handwritten reports, prompted police supervisors to rule the case a justifiable homicide and within the bounds of the department's use of force guidelines. The reports did not say how many times McDonald was shot, and said that McDonald was acting "crazed" and lunged at officers after refusing to drop his knife. Michael D. Robbins, one of the attorneys representing the McDonald estate, said his initial thoughts were that, "I didn't think there was a case if he had lunged at a police officer", adding, "The police narrative, without exception, is that the use of force is justified and necessary, which it sometimes is."
One police report described that McDonald "raised the knife across chest" and pointed it at Van Dyke. Van Dyke told investigators that he feared McDonald would rush him with the knife or throw it at him, and he also recalled a 2012 Police Department bulletin warning about a knife that was also capable of firing a bullet, as well as throwing knives and also spring-loaded knives capable of propelling the blade. One report noted that McDonald's knife, "was in the open position", but when announcing charges against Van Dyke, Cook County State's Attorney Anita Alvarez said that the knife was found folded at the scene.
Medical report
According to the Cook County Medical Examiner's Office's autopsy report, which was revealed by journalist Jamie Kalven through a public records request, McDonald was shot in his neck, chest, back, both arms, and right leg, and he also had a graze wound on his left scalp. Nine of the sixteen shots hit McDonald's back, and he was shot as he lay on the ground. His death was ruled a homicide.
Dash-cam video
Five police videos of the murder are known to exist, including the view from a camera mounted in the marked police SUV that Van Dyke was riding in as he and his partner responded to the scene. The videos show that at least eight police vehicles responded to the scene, but as of 2015 no video had been released from the other three vehicles. Chicago police officers are required to make sure that their video systems are working properly, and that they should "submit a ticket if they are unable to download digitally recorded data." There were no repair tickets requested for any of the three vehicles' missing videos on the scene that night.
When video footage was initially released, it did not contain audio, although Chicago Police dashboard cameras should automatically record audio when the video recording is activated. According to a CPD video, "The in-car camera system automatically engages both the audio and the video recording when the vehicles' emergency roof lights are activated," and each vehicle has a front and rear camera and microphone. City officials initially blamed a technical problem. It was later revealed that the audio recording equipment in officer Van Dyke's vehicle had been "intentionally damaged," according to records from police technicians. Another car's audio was disabled, as the microphones were in the glove compartment, with the batteries inserted backwards. A mobile start-up recorder was corrupted, and another camera was processing other video at the time. The Sun-Times published that a sergeant reported officers throwing their microphones on the roof of the Jefferson Park police station to the Internal Police Review Authority, a month and a half before the release of the Laquan McDonald dashcam video in an apparent protest against being recorded. Fraternal Order of Police president Dean Angelo defended officers in an interview, saying that operator error could be any number of accidents, adding, "Things always trickle downhill so it winds up the responsibility of the beat officer—God forbid it's the responsibility of the agency."
Burger King surveillance video
There was also a security camera at a nearby Burger King restaurant that possibly captured the shooting, but during the time of the shooting, there is a gap of 86 minutes in the recording. The manager of the restaurant said that on the night of the shooting, five Chicago police officers gained access to the video and passwords on the equipment, and that by the time the Independent Police Review Authority requested to view the footage the next day, it had been erased. The Tribune later obtained footage showing a Chicago police employee working on the restaurant's computers after the shooting. However, according to FBI sources, the video taken from the Burger King surveillance camera was not altered, and there were gaps throughout the surveillance video, because the system at Burger King was a "mess".
$5 million settlement
Attorneys for the estate of Laquan McDonald entered into negotiations with the City of Chicago to settle claims arising out of his murder. The Chicago City Council approved a $5 million settlement to McDonald's family on April 15, 2015, although the family had not yet filed a wrongful death lawsuit. Emails from the mayor's office surrounding the case later revealed the settlement deal was finalized the day after the Mayor of Chicago, Rahm Emanuel, secured his second term by a run-off election. Part of the settlement agreement required that the video be sealed until investigations were completed, which could have delayed the release of the video for years. Aldermen were not shown the dash-cam video before approving the settlement, although city Corporation Counsel Stephen Patton said that the existence of the video influenced the council's decision to settle before a lawsuit, and details about the video were given to the Finance Committee during a hearing. The decision took only "5 seconds out of a two-hour, 45 minute meeting" to approve. Dick Simpson, a UIC political scientist and former Chicago alderman, said "It's odd, not only in this case, but maybe in others, that there isn't more debate on the floor, because that's where the public gets informed."
Legal proceedings
Requests for documents
Reporters noted inconsistencies between the narrative police told reporters, the autopsy, and an anonymous eyewitness account before the video was publicly released. A whistle-blower expressed concern over the handling of the McDonald shooting a few weeks after the shooting, revealing "that there was a video and that it was horrific", to journalist Jamie Kalven and attorney Craig Futterman. The pair issued a statement calling on Chicago police to release the dash-cam video of the incident. The city of Chicago denied at least 15 requests for its release.
Brandon Smith, a freelance journalist, and William Calloway, a community activist, filed a request for the video under the Freedom of Information Act in May 2015. When the request was denied, Smith, through his attorney Matt Topic, filed a lawsuit against the City of Chicago in Cook County Circuit Court. Illinois Attorney General Lisa Madigan sent a letter to the Police Department the day before a court hearing, stating that they cannot withhold the video. She said that they had not substantiated their claim that releasing the video would interfere with an ongoing investigation or jeopardize a fair trial if any officer was charged. On November 19, Cook County Judge Franklin Valderrama denied the city's request for a stay, ordering the video to be released to the public no later than November 25. The city did not appeal the judge's decision. On November 24, after a press conference, the video was released that showed an officer fatally shooting McDonald.