Judge orders release of video showing fatal shooting by police officer
According to the update by NY Times, the city of Chicago will release the dash cam video next week as ordered by Cook County Judge Franklin Valderrama on Thursday. Five other responding officers showed restraint in the video.
Attorneys for the department asked for a stay, which would delay enforcement of Thursday’s ruling until the IL Appellate Court had weighed in on the issue, but Valderrama denied the request, ordering Chicago police to deliver a copy of the video to Smith on or before November 25.
Police spokesman Anthony Guglielmi declined to comment Wednesday when asked about Thursday’s hearing.
The mayor’s administration had argued that the video must be kept from the public’s view while investigations continue.
Van Dyke’s attorney, Dan Herbert, said that in this “day and age” there is the possibility that someone could try to harm Van Dyke because they do not understand the context in which the shooting occurred.
A Wall Street Journal reporter and the Chicago Tribune have submitted FOIA requests for the video, but the requests have been denied.
After the 2014 police killing of Michael Brown in Ferguson, Missouri, sparked protests around the United States, a few cities have opted to immediately release video of shootings in the name of transparency.
“Being violent to protest violence isn’t logical”, Smith said.
Attorney General Lisa Madigan’s office said the police department had “unsubstantiated” claims that releasing the footage to a journalist could hinder an ongoing investigation or deprive anyone of a fair trial.
Since the announcement of the settlement, journalists and groups like the American Civil Liberties Union (ACLU) have sought the video’s release. A city spokeswoman would not offer specifics, noting only that the deadline would be met. Although McDonald was armed, a dashcam video that’s soon to go public reportedly reveals that the boy was shot 16 times in the back by a white officer as he retreated.
“Police officers are entrusted to uphold the law, and to provide safety to our residents”.
“I think what’s important is that the community be told the truth about what happened, about how he was shot”, Robbins said. “It’s graphic, it’s disturbing, and it’s crystal clear that Laquan was not attacking or lunging at any police officer”, Neslund said. “It’s not true. He was shot while he was walking away”.
The Chicago City Council took the unusual step in April of approving a $5 million settlement with McDonald’s family, even though the family hadn’t filed a lawsuit, after being advised to do so by a city attorney who had seen the video.
McDonald’s mother has not seen the video.
McDonald’s mother was not at the courthouse on Thursday, but a lawyer for the family, Jeffrey Neslund, said that she had not seen the video, and did not want to.
Police have said 17-year-old Laquan McDonald was under the influence of PCP, and slashing the tires of several cars with a 4-inch folding knife in October 2014, when he refused police officers’ orders to drop the weapon. That’s when the officer in the squad auto pulled in front of the teenager to block his path. The squad vehicle with the camera followed behind McDonald.
McDonald’s death came at a time of heated national debate over police use of lethal force, especially against blacks. But until then, “we do not want to do anything that might interfere with the ongoing investigation”, he said.
“We need an explanation as to why Officer Jason Van Dyke, who killed Mr. McDonald, is still on the payroll of the city of Chicago and has not been charged with a crime?”
The officer, who has not been officially identified, has not been charged with a crime. “I share their concern”.
He said the Police Department had no legal right to withhold the video because other agencies are the ones investigating the shooting.
McDonald was found in the area holding a small knife, and was walking away from police. I hope there will be no trouble.