Thursday, December 29, 2016

Good Cops and Bad Cops: "Lying on the Ground"

This was originally posted on another blog on August 30, 2015. And now it's here.

Seventeen year old Laquan McDonald had a juvenile record but was trying to turn his life around. He got a job and enrolled at a local high school in Chicago. On the evening of 20 October 2014, though, something went wrong. He took PCP and went out to steal from vehicles at a trucking yard.

The police responded to a call at 9:45 PM. They ordered Laquan to drop the knife he was using to slash tires. He ignored their orders and walked away. The police followed him through a Burger King parking lot and out onto a busy street waiting for a taser to arrive.

According to the official account a second patrol car showed up and Laquan again refused to drop his knife. The police tried using their cars to box him in against a construction fence but he punctured a tire, damaged a windshield, and escaped back out onto the street.


The police now got out of their vehicles, Laquan lunged at them, and one of the officers was forced to shoot him in the chest. He was pronounced dead at 10:42 PM.

This police version of events was simple and believable. NBC called it a "clear-cut case of self-defense. From the beginning though, eyewitness accounts contradicted the police version of events.

Alma Benitez said the police had the situation under control and had no need to shoot Laquan. Another witness said Laquan was "shying away" from police when he was shot, not lunging toward them. One witness described the shooting as an execution.

After the shooting police officers visited the nearby Burger King and examined the security video. When the Independent Police Review Authority tried to view this video the next day they found it erased.

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The medical examiner's report raised more questions. The police said Laquan was shot in the chest. The Medical Examiner said he died of multiple gun shot wounds. When the autopsy report was finally released four months later the public learned that Laquan had been shot 16 times. Nine of these 16 shots struck Laquan from behind and nine had a downward trajectory, suggesting Laquan was on the ground when at least those were fired.

The dash cam video from the fatal night has not been released but it was finally viewed by attorney's for the family in February 2015. Their description of the video differs markedly from the police story.

According to them the officer who shot Laquan opened fire moments after arriving on the scene. Laquan spun and fell into a fetal position with the first shot. After that, the officer just kept shooting. Family attorney Michael Robbins says "You can see in the video as he is lying on the ground, that he is being shot."

The video allegedly shows the shots fired from 12-15 feet away. Contrary to the police story the video does not show Laquan "lunging" toward officers but rather walking away at the time he was shot.

This description seems to be supported by the fact that, after reviewing the video, the City Council unanimously agreed to pay the family $5,000,000 to avoid a Federal lawsuit. One of the conditions of the settlement is that lawyers for the family are not allowed to release the video to the public.

The officer who shot Laquan is Jason Van Dyke. In the past he has been accused of using racial epithets, manhandling suspects, and pointing a gun at a suspect without justification. Van Dyke said he feared for his life that night, but none of the other five officers present fired.

The currently available evidence seems adequate to conclude that Van Dyke is a bad cop who shot too soon and too often.

For more information click on the links below.

Copyright © 2016 by Joseph Wayne Gadway

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