Illinois’ lawyer common on Monday requested the state’s absolute best court docket to check what prosecutors imagine to be too lenient a sentence for the white Chicago police officer who fatally shot black youngster Laquan McDonald.
Jason Van Dyke, 40, was once sentenced closing month to 6 years and 9 months in jail for second-degree homicide for capturing McDonald in 2014 in a landmark case that highlighted tensions over racism within the United States‘ third-largest town.
Attorney General Kwame Raoul and the particular prosecutor who gained the conviction in opposition to Van Dyke mentioned they imagine Judge Vincent Gaughan didn’t correctly observe the legislation when he sentenced the former police officer.
Because Illinois permits some homicide convicts to serve handiest part in their sentences, Van Dyke, who has already served a number of months, might handiest wish to serve 3 years in jail.
In a unprecedented transfer, Raoul and Kane County State’s Attorney Joseph McMahon filed a request with the Illinois Supreme Court searching for an order that might ship the case again to Gaughan for a brand new sentence.
Van Dyke may just attraction the petition, they mentioned.
“This is a question of the law,” Raoul mentioned.
“And it is in the interest of justice that the law be followed no matter who the defendant and no matter who the victim is in a particular case.”
Van Dyke fatally shot McDonald on October 20, 2014, after responding to a choice about a youngster breaking into cars in a trucking backyard.
Other officials again Van Dyke’s declare that McDonald, who had a small knife with its blade folded, posed a danger to Van Dyke’s lifestyles.
Van Dyke then fired 16 pictures at McDonald on October 20, 2014, together with after the 17-year-old’s frame hit the bottom.
Country-wide outrage and protests adopted the discharge of a police dashboard digital camera video appearing McDonald being time and again shot, forced via a Freedom of Information Act lawsuit greater than a 12 months after the capturing.
The resulting firestorm over the case triggered the dismissal of the town’s police superintendent and calls for Chicago Mayor Rahm Emanuel to surrender.
Emanuel isn’t searching for a 3rd time period on this month’s mayoral election.
Following the ruling closing month, activists decried the sentence as too lenient, whilst Van Dyke’s legal professional mentioned his consumer “felt great”.
Van Dyke can have won as much as 20 years in jail for second-degree homicide and as much as 30 years for each and every of the 16 counts of annoyed battery – one depend for each and every shot he fired at McDonald.
Cook County Circuit Court Judge Vincent Gaughan didn’t sentence Van Dyke for the annoyed battery conviction, explaining that second-degree homicide was once the worse crime. Van Dyke is interesting the conviction.
Monday’s transfer is the newest bankruptcy in an ongoing saga that has incorporated large demonstrations, the firing of the police superintendent via the mayor and the ouster of the county’s best prosecutors via electorate a couple of months later.
The accountable verdict issued via a jury in October marked the primary time an on-duty Chicago police officer was once convicted for the killing of a black particular person.
A spokeswoman for Van Dyke’s legal professional didn’t in an instant reply to the Associated Press new company’s request for remark.
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