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Motion to Dismiss Van Dyke Murder Charges Denied

By J. Coyden Palmer, Chicago Crusader

A Cook County judge on Thursday refused to dismiss murder charges against Chicago Police Officer Jason Van Dyke in the Laquan McDonald case. Judge Vincent Gaughan rejected arguments by Van Dyke’s attorney that the officer was acting in the legal role as a police officer when he pumped 16 bullets into McDonald’s body on Oct. 20, 2014 in the 4100 block of south Pulaski road. Extra security was on-hand after Gaughan ordered for an enhanced security plan at the request of Van Dyke’s lawyers last week, who said their client was being threatened.

Van Dyke’s attorney, Daniel Herbert, unsuccessfully argued that his client had a “duty” to respond to McDonald the way he did. McDonald was armed at the time of the confrontation with a small knife. He said his client was the victim of Chicago politics and community outrage, which forced then Cook County State’s Attorney Anita Alvarez to press charges against Van Dyke.

“McDonald was a forcible felon and he was fleeing arrest,” reasoned Herbert.

But Herbert failed to mention during his argument that as McDonald lay on the street wounded from Van Dyke’s first shots, the officer continued firing bullets into McDonald’s wrecked body. Examination of the police dash cam video clearly shows 13 seconds after McDonald’s body first hits the ground and he is no longer a danger to anyone, bullets are still being fired into his body by Van Dyke.

Those who teach concealed carry classes in Illinois teach their students after the person is no longer a threat; you are no longer legally allowed to fire your weapon. Citizens who have a concealed carry license are held to the same standard as police officers in Illinois, according to CCL instructor Rick Pere, who believes the public is better educated on police shootings now then they have ever been.

Gaughan addressed the lawyers discussing the motions before moving the hearing into his chambers. That lasted for 20 minutes before Gaughan returned with his ruling.

Crusader will continue to follow this story as it develops.

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