1

GOOD AFTERNOON. AS YOU KNOW, WE

HAVE CHARGED CHICAGO POLICE OFFICER

JASON VAN DYKE WITH FIRST DEGREE

MURDER IN CONNECTION WITH THE

SHOOTING DEATH OF LAQUAN

MCDONALD.

LAQUAN MCDONALD WAS 17 YEARS OLD

WHEN HE WAS SHOT AND KILLED BY THE

DEFENDANT ON OCTOBER 20, 2014 AT

APPROXIMATELY 9:57 PM ON THE CITY’S

SOUTHWEST SIDE.

2

I AM GOING TO BEGIN MY REMARKS BY

SUMMARIZING THE FACTS OF THIS CASE

AS WE PROFFERED THEM IN COURT A

SHORT TIME AGO:

ON MONDAY, OCTOBER 20, 2014, THE

DEFENDANT WAS WORKING ON-DUTY AS

A UNIFORMED POLICE OFFICER WORKING

WITH A PARTNER IN A PATROL CAR

ASSIGNED TO THE OVERNIGHT SHIFT IN

THE CHICAGO POLICE DEPARTMENT’S 8TH

DISTRICT.

3

THE CIRCUMSTANCES LEADING UP TO THE

SHOOTING THAT EVENING BEGAN AT 9:47

P.M. WHEN A CHICAGO POLICE

DISPATCHER RADIOED TO AN 8TH DISTRICT

BEAT CAR THAT A CITIZEN WAS HOLDING A

MALE WHO HE HAD CAUGHT BREAKING

INTO TRUCKS AND STEALING RADIOS IN A

PARKING LOT NEAR 41ST AND KILDARE.

THAT MALE WAS LATER IDENTIFIED AS

LAQUAN MCDONALD.

4

THE RADIO DISPATCHES WERE BROADCAST

TO ALL 8TH DISTRICT PATROL UNITS.

AT 9:53 P.M. A RESPONDING BEAT CAR

RELATED THAT “THE GUY IS WALKING

AWAY WITH A KNIFE IN HIS HAND,” AND

THE DISPATCHER INQUIRED AS TO

WHETHER ANY AVAILABLE UNITS HAD A

TASER.

5

ANOTHER BEAT CAR RESPONDED

IMMEDIATELY THAT THEY WERE ON THEIR

WAY, ALTHOUGH THEY DID NOT INDICATE

WHETHER OR NOT THEY HAD A TASER.

ONE MINUTE LATER, A RESPONDING

OFFICER RADIOED THAT THE SUSPECT WAS

WALKING TOWARD A NEARBY BURGER

KING RESTAURANT LOCATED ON PULASKI

ROAD.

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THE DISPATCHER CONFIRMED THE

LOCATION, REMINDED ALL UNITS THAT

THE INDIVIDUAL WAS ARMED WITH A

KNIFE, AND THEN CONTINUED TO ASK IF

ANY OTHER UNITS WERE IN CLOSE

PROXIMITY.

AT 9:56 P.M., ONE OF THE RESPONDING

BEAT CAR OFFICERS RADIOED THAT THE

SUSPECT HAD JUST USED THE KNIFE TO

SLASH THE TIRE ON THEIR SQUAD CAR.

SECONDS LATER, BEAT CAR “845-R”

RADIOED THAT THEY WERE TWO BLOCKS

FROM THE INCIDENT.

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BEAT CAR “845-R” WAS THE RESPONDING

POLICE UNIT IN WHICH OFFICER VAN DYKE

WAS A PASSENGER.

THE SQUAD WAS BEING DRIVEN BY HIS

PARTNER.

SECONDS LATER, TWO ADDITIONAL POLICE

OFFICER BEATS RESPONDED THROUGH

RADIO TRANSMISSIONS THAT THEY WERE

ON THEIR WAY AS WELL.

8

AT THAT POINT, A TOTAL OF EIGHT

OFFICERS, INCLUDING THE DEFENDANT

AND HIS PARTNER, HAD ARRIVED ON THE

SCENE IN FOUR VEHICLES TO ASSIST THE

OFFICERS WHO HAD THE INITIAL CONTACT

WITH LAQUAN. NONE OF THESE OFFICERS

WERE EQUIPPED WITH TASERS.

THE DASH CAMERA OF ONE OF THE

RESPONDING BEAT CARS CAPTURED THE

SHOOTING, BUT NO AUDIO WAS

RECORDED.

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ALTHOUGH SOME OF THE OTHER

RESPONDING UNITS HAD OPERATING

DASH CAMERAS, DUE TO THEIR

POSITIONING THEY DID NOT CAPTURE THE

ACTUAL SHOOTING, NOR DO THEY

CONTAIN AUDIO RECORDINGS.

INVESTIGATORS RECOVERED VIDEO FROM

A LOCAL BUSINESS THAT SHOWED

LAQUAN WALKING AWAY FROM THE

INITIAL OFFICERS TOWARDS 40TH STREET.

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ATTEMPTS TO DOWNLOWAD VIDEO FROM

ANOTHER LOCAL BUSINESS WERE

UNSUCCESSFUL, BUT IT WAS DETERMINED

THAT THE CAMERAS AT THAT LOCATION

WOULD NOT HAVE CAPTURED THE SCENE

OF THE SHOOTING.

FINALLY, VIDEO FROM A THIRD LOCAL

BUSINESS WAS RECOVERED BUT DUE TO

THE DISTANCE AND OBSTRUCTIONS, THAT

VIDEO WAS DEEMED TO BE OF VERY

LIMITED EVIDENTIARY VALUE.

11

THE DASH CAMERA VIDEO SHOWS

LAQUAN MCDONALD AS HE JOGS SOUTH

ON PULASKI, PASSING THE BURGER KING.

AT THE 9:57:25 P.M. TIME STAMP ON THE

VIDEO, THE RECORDING SHOWS TWO

OTHER MARKED CHICAGO POLICE SUVS

ON THE SCENE.

AT THAT TIME, LAQUAN WAS WALKING,

AND AS HE PASSES ONE OF THE

RESPONDING POLICE UNITS HE WAVES HIS

RIGHT ARM AND A KNIFE IS VISIBLE IN HIS

RIGHT HAND.

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FIVE SECONDS LATER, OFFICER VAN DYKE

AND HIS PARTNER PARKED THEIR VEHICLE

AND IMMEDIATELY DRAW THEIR

WEAPONS.

AT THAT TIME, LAQUAN MCDONALD IS

APPROXIMATELY ONE FOOT FROM THE

WHITE LANE DIVIDER IN THE MIDDLE OF

PULASKI ROAD SOUTHBOUND LANE, AND

HIS BODY APPEARS TO BE MOVING

SLIGHTLY AWAY FROM THE OFFICERS

TOWARD THE WEST SIDE OF PULASKI.

13

AT 9:57:36, MCDONALD HAS CROSSED

OVER THE WHITE LANE DIVIDER, AWAY

FROM THE OFFICERS, AND OFFICER VAN

DYKE HAS TAKEN AT LEAST ONE STEP

TOWARD MCDONALD WITH HIS WEAPON

DRAWN.

THE OFFICER THEN OPENED FIRE ON

LAQUAN, WHOSE ARM JERKS ---- HIS BODY

SPINS AROUND, AND HE FALLS TO THE

GROUND.

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WHILE LAQUAN IS FALLING TO THE

GROUND, THE DEFEDANT TAKES AT LEAST

ONE MORE STEP TOWARDS HIM, AT

WHICH POINT THE ANGLE OF THE DASH

CAMERA CHANGES AND WE CAN NO

LONGER SEE THE OFFICER WITHIN THE

FRAME OF THE VIDEO.

TWO SECONDS LATER LAQUAN

MCDONALD IS LYING IN THE STREET ON

HIS RIGHT SIDE AND THE VIDEO CAPTURES

WHAT APPEARS TO BE TWO PUFFS OF

SMOKE COMING FROM THE GROUND

NEAR HIS BODY.

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THESE PUFFS OF SMOKE WERE LATER

IDENTIFIED AS CLOUDS OF DEBRIS CAUSED

BY THE FIRED BULLETS.

AT 9:57:51, MCDONALD IS STILL LYING IN

THE STREET, AND THE LAST VISIBLE SHOT

IS FIRED.

IN THE 13 SECONDS THAT HE HAS BEEN ON

THE GROUND, HIS BODY HAS JERKED AND

HIS ARMS HAVE MOVED SLIGHTLY.

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THERE HAVE BEEN THREE VISIBLE CLOUDS

OF DEBRIS, INDICATING SHOTS HITTING

THE PAVEMENT NEAR LAQUAN

MCDONALD’S BODY.

AT 9:57:54, OFFICER VAN DYKE’S PARTNER

APPROACHES MCDONALD AND KICKS THE

KNIFE OUT OF HIS HAND. THE KNIFE, LATER

RECOVERED BY POLICE, HAD A 3-INCH

BLADE THAT FOLDED INTO THE HANDLE.

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OFFICER VAN DYKE’S PARTNER REPORTED

THAT THERE WAS A BRIEF PAUSE IN THE

SHOTS WHEN HE LOOKED AT VAN DYKE

AND SAW THAT HE WAS PREPARING TO

RELOAD HIS WEAPON.

OFFICER VAN DYKE’S PARTNER RELATED

THAT HE COULD HEAR MCDONALD

STRUGGLING TO BREATHE AND HE TOLD

VAN DYKE TO HOLD HIS FIRE SO HE COULD

APPROACH MCDONALD AND KICK THE

KNIFE AWAY.

18

OFFICER VAN DYKE WAS ARMED WITH A 9

MILLIMETER CALIBER SEMIAUTOMATIC

PISTOL THAT HAD A 16-ROUND CAPACITY.

CHICAGO POLICE INVESTIGATORS LATER

RECOVERED 16 FIRED CARTRIDGE CASES

FROM THE SCENE AND THE ILLINOIS STATE

POLICE DETERMINED THAT ALL OF THOSE

CARTRIDGE CASES HAD BEEN FIRED FROM

OFFICER VAN DYKE’S WEAPON.

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OUR INVESTIGATION HAS DETERMINED

THAT OFFICER VAN DYKE WAS ON THE

SCENE FOR LESS THAN 30 SECONDS

BEFORE HE STARTED SHOOTING, IN

ADDITION TO THE FACT THAT ALL

EVIDENCE INDICATES THAT HE BEGAN

SHOOTING APPROXIMATELY SIX SECONDS

AFTER GETTING OUT OF HIS VEHICLE.

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AN ANALYSIS OF THE VIDEO ESTABLISHES

THAT 14 TO 15 SECONDS PASSED FROM

THE TIME THIS DEFENDANT FIRED HIS

FIRST SHOT TO CLEAR VISUAL EVIDENCE OF

A FINAL SHOT.

FOR APPROXIMATELY 13 OF THOSE

SECONDS, LAQUAN WAS LYING ON THE

GROUND.

OF THE EIGHT OR MORE OFFICERS ON THE

SCENE, IT WAS ONLY THE DEFENDANT

WHO FIRED HIS WEAPON.

21

LAQUAN HAD A PULSE AT THE TIME

CHICAGO FIRE DEPARTMENT PARAMEDICS

ARRIVED ON THE SCENE, BUT LOST HIS

PULSE DURING TRANSPORTATION TO MT.

SINAI HOSPITAL.

ONCE AT THE HOSPITAL, LIFESAVING

EFFORTS WERE UNSUCCESSFUL, AND HE

WAS PRONOUNCED DEAD.

22

ACCORDING TO INTERVIEWS WITH

OFFICERS ON THE SCENE, LAQUAN

MCDONALD NEVER SPOKE TO THE

OFFICERS AND NEVER RESPONDED TO

THEIR NUMEROUS VERBAL COMMANDS

TO DROP THE KNIFE.

THE FIRST RESPONDING OFFICERS STATED

THAT THEY DID NOT SEE THE NEED TO USE

FORCE AGAINST MCDONALD WHEN THEY

ENCOUNTERED HIM AND THAT HE BEGAN

RUNNING TOWARDS PULASKI WHEN

SIRENS COULD BE HEARD.

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SEVERAL CIVILIANS ALSO WITNESSED THE

SHOOTING.

ONE WAS A MOTORIST STOPPED IN

TRAFFIC ON PULASKI WHEN HE SAW

MCDONALD WALKING IN THE STREET

IMMEDIATELY BEFORE HE WAS SHOT.

THE MOTORIST DESCRIBED MCDONALD AS

“LOOKING FOR A WAY TO GET AWAY

FROM POLICE.”

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THE MOTORIST STATED THAT MCDONALD

NEVER MOVED TOWARD, LUNGED AT, OR

DID ANYTHING THREATENING TOWARDS

THE OFFICERS BEFORE HE WAS SHOT AND

FELL TO THE GROUND.

THIS WITNESS STATED THAT HE HEARD A

PAUSE IN THE SHOTS AFTER MCDONALD

FELL TO THE GROUND, BUT THEN HEARD

MORE SHOTS.

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HE ALSO SAID THAT HE DID NOT SEE

MCDONALD DO ANYTHING THREATENING

WHILE LYING ON THE GROUND THAT

WOULD CAUSE THE OFFICER TO CONTINUE

TO SHOOT HIM.

BASED UPON THIS AND OTHER EVIDENCE

--- IT IS MY DETERMINATION THAT THIS

DEFENDANT ‘S ACTIONS OF SHOOTING

LAQUAN MCDONALD WHEN HE DID NOT

POSE AN IMMEDIATE THREAT OF GREAT

BODILY HARM OR DEATH ---

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AND HIS SUBSEQUENT ACTIONS OF

SHOOTING LAQUAN MCDONALD WHILE HE

LAY ON THE GROUND AFTER PREVIOUSLY

BEING STRUCK BY GUNFIRE --- WERE NOT

JUSTIFIED AND THEY WERE NOT A PROPER

USE OF DEADLY FORCE BY THIS POLICE

OFFICER.

BEFORE I TAKE QUESTIONS I WOULD LIKE

TO MAKE A COUPLE OF IMPORTANT

POINTS.

27

MY OFFICE WAS MADE AWARE OF THIS

SHOOTING BY THE INDEPENDENT POLICE

REVIEW AUTHORITY WITHIN TWO WEEKS

OF THE INCIDENT.

WE RECEIVED A COPY OF THE VIDEO ON

NOVEMBER 4, 2014 AND WE

IMMEDIATELY OPENED AN INVESTIGATION

AND BEGAN WORKING WITH THE

INDEPENDENT POLICE REVIEW AUTHORITY

TO GATHER INFORMATION ON THE CASE.

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ON NOVEMBER 19, 2014 WE WERE

CONTACTED BY THE FBI REGARDING THE

SHOOTING AND WE PROVIDED A COPY OF

THE VIDEO TO THE FBI THE FOLLOWING

DAY.

AT THAT TIME THE FBI OFFERED TO WORK

WITH OUR OFFICE AND WE ACCEPTED

THAT OFFER.

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SUBSEQUENTLY, I MET WITH THE FBI

SPECIAL AGENT IN CHARGE AND UNITED

STATES ATTORNEY ZACH FARDON IN

DECEMBER OF 2014 AND FROM THAT TIME

ON WE WERE ENGAGED IN AN ACTIVE AND

ONGOING JOINT CRIMINAL

INVESTIGATION AT BOTH THE STATE AND

FEDERAL LEVELS.

30

THE PUBLIC NEEDS TO KNOW THAT WHILE

IT WOULD SEEM TO SOME THAT THE 12

MONTHS OF INVESTIGATION WITH OUR

FEDERAL PARTNERS HAS TAKEN TOO

LONG, INVESTIGATIONS OF POLICE

SHOOTINGS AND MISCONDUCT ARE

HIGHLY COMPLEX MATTERS THAT CARRY

WITH THEM VERY UNIQUE LEGAL ISSUES

THAT MUST BE FULLY EXAMINED AND

TAKEN INTO CONSIDERATION.

31

FOR EXAMPLE, ALMOST ALL CASES OF

POLICE MISCONDUCT AND EXCESSIVE

FORCE INCLUDE “GARRITY ISSUES”.

LET ME EXPLAIN TO YOU WHAT THAT

MEANS:

[EXPLAIN GARRITY – VIOLATION OF

GARRITY CAN JEOPARDIZE A CASE AND

DENY JUSTICE FOR A VICTIM JUST LIKE

LAQUAN MCDONALD].

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THE BOTTOM LINE IS THAT, THESE CASES,

UNLIKE MOST CASES, REQUIRE A

METICULOUS EXAMINATION THAT CAN

SEEM TO THE PASSIVE OBSERVER TO TAKE

TOO LONG.

HOWEVER, THE UNIQUE AND COMPLEX

NATURE OF THESE ISSUES MEANS THAT

THESE CASES ARE TIME CONSUMING

REQUIRING A MASSIVE AND LABOR

INTENSIVE EFFORT.

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IT IS NOT AT ALL UNUSUAL FOR THESE

TYPES OF INVESTIGATIONS TO TAKE UP TO

20 MONTHS TO REACH A CHARGING

DECISION.

IN THIS CASE IN PARTICULAR, MANY

PEOPLE FROM THE FBI, THE UNITED

STATES ATTORNEY’S OFFICE AND MY

OFFICE HAVE BEEN WORKING TIRELESSLY

TO REACH A JUST CONCLUSION.

34

AT THE END OF THE DAY, IT IS MORE

IMPORTANT TO GET IT RIGHT, THAN TO

GET IT FAST.

RUSHING TO JUDGMENT SIMPLY HAS NO

PLACE IN A PROFESSIONAL INVESTIGATION

OF THIS MAGNITUDE AND COULD ONLY

SERVE TO JEOPARDIZE JUSTICE BEING

DONE.

35

THROUGHOUT THE COURSE OF THIS

INVESTIGATION, IT WAS OUR INTENTION

TO ANNOUNCE OUR CHARGING DECISION

JOINTLY AND SIMULTANEOUSLY WITH THE

UNITED STATES DEPARTMENT OF JUSTICE

AND THE UNITED STATES ATTORNEY’S

OFFICE IN ORDER TO SPEAK WITH ONE

UNITED VOICE WITH EVERYONE WHO WAS

INVOLVED IN THIS VERY THOROUGH

INVESTIGATION.

36

HOWEVER, I MADE THE DECISION TO

ALTER THAT PLAN AFTER COOK COUNTY

JUDGE FRANKLIN VALDERRAMA RULED

LAST WEEK THAT THE VIDEOTAPE WOULD

BE RELEASED TO THE PUBLIC AS THE

RESULT OF CIVIL LITIGATION WITH THE

CITY OF CHICAGO.

37

WHILE WE WOULD HAVE PREFERRED FOR

THE INVESTIGATION TO HAVE RUN ITS

FULL COURSE AND ENABLED OUR FEDERAL

PARTNERS TO COMPLETE THEIR

EVALUATION IN ITS ENTIRETY, I FELT

COMPELLED IN THE INTEREST OF PUBLIC

SAFETY TO ANNOUNCE THESE STATE

CRIMINAL CHARGES TODAY.

38

MAINTAINING PUBLIC SAFETY IS MY

NUMBER ONE JOB AND I DO NOT WANT

THE PUBLIC TO VIEW THIS VIDEO

WITHOUT KNOWING THE VERY

IMPORTANT CONTEXT THAT, WITH THESE

CHARGES, WE ARE BRINGING A FULL

MEASURE OF JUSTICE THAT THIS

DEMANDS.

39

TO BE CLEAR, THE JUDGE’S ORDER THAT

THE CITY OF CHICAGO MUST RELEASE THE

VIDEO BY NOVEMBER 25TH CERTAINLY

MOVED UP THE TIMING OF OUR

ANNOUNCEMENT BUT IT DID NOT, IN ANY

WAY, DICTATE OUR DECISION TO CHARGE

THIS DEFENDANT WITH FIRST DEGREE

MURDER.

I MADE THAT DECISION WEEKS AGO.

40

AS YOU KNOW, THE CITIZENS OF CHICAGO

WILL SOON HAVE THE OPPORTUNITY TO

VIEW THE VIDEO FOR THEMSELVES.

THROUGHOUT THE COURSE OF OUR

INVESTIGATION I HAVE SEEN THE VIDEO

ON A NUMBER OF OCCASIONS AND I CAN

TELL YOU THAT IT IS EVERYTHING THAT IT

HAS BEEN DESCRIBED TO BE IN NEWS

ACCOUNTS: IT IS GRAPHIC, IT IS VIOLENT,

AND IT IS CHILLING.

41

I HAVE BEEN A PROSECUTOR FOR NEARLY

30 YEARS.

I HAVE PERSONALLY INVESTIGATED AND

PROSECUTED NUMEROUS CASES OF

POLICE MISCONDUCT AND PUBLIC

CORRUPTION.

I HAVE BEEN INVOLVED IN HUNDREDS OF

MURDER INVESTIGATIONS AND TRIALS

AND I HAVE SEEN SOME OF THE MOST

VIOLENT AND GRAPHIC EVIDENCE AND

CRIME SCENE PHOTOS.

42

TO WATCH A 17-YEAR-OLD YOUNG MAN

DIE IN SUCH A VIOLENT MANNER IS

DEEPLY DISTURBING AND I HAVE

ABSOLUTELY NO DOUBT THAT THIS VIDEO

WILL TEAR AT THE HEARTS OF ALL

CHICAGOANS.

I KNOW THAT LAQUAN’S MOTHER AND

SOME FAMILY MEMBERS HAVE BEEN

OPPOSED TO THE RELEASE OF THIS VIDEO

AND I CERTAINLY UNDERSTAND THEIR

CONCERNS AND THEIR ANGUISH.

43

AS A MOTHER, I CANNOT IMAGINE THE

PERSONAL PAIN THAT LAQUAN’S MOTHER

AND HIS FAMILY HAVE DEALT WITH AND

WILL CONTINUE TO DEAL WITH WHEN THE

VIDEO IS MADE PUBLIC.

I HOPE THAT CITIZENS WILL TAKE THIS

INTO CONSIDERATION AND SHOW

RESPECT AND RESTRAINT IN THEIR

ACTIONS FOLLOWING THE RELEASE OF THE

VIDEO.

44

BEFORE I CLOSE AND TAKE QUESTIONS, I

WOULD LIKE TO MAKE A COMMENT

ABOUT MAYOR EMANUEL. IN RECENT

DAYS I HAVE SEEN NEWS REPORTS THAT

THE MAYOR HAS BEEN CRITICIZED FOR

NOT RELEASING THIS VIDEO SOONER. I

WILL TELL YOU THAT I BELIEVE THE

MAYOR’S DECISION TO DELAY THE

RELEASE WAS IN THE BEST INTEREST OF

ALLOWING FEDERAL AND STATE LAW

ENFORCEMENT TO COMPLETE OUR

INVESTIGATIONS AND I THANK HIM FOR

THAT.

45

FINALLY, LET ME SAY THAT I FULLY

SUPPORT THE RIGHTS OF OUR CITIZENS TO

PROTEST AND TO EXPRESS THEIR FEELINGS

OR THEIR OUTRAGE.

BUT IT MUST BE DONE WITHOUT

VIOLENCE OR CRIMINAL ACTIONS.

VIOLENT ACTIONS WILL NOT HONOR THE

LIFE OF LAQUAN MCDONALD AND IT WILL

DO NOTHING TO HOLD THIS DEFENDANT

ACCOUNTABLE FOR HIS ACTIONS.

46

I’LL TAKE QUESTIONS