Federal prosecutors on Monday acknowledged they’d no longer see a second prosecution of Jason Van Dyke, the dilapidated Chicago police officer convicted within the taking pictures death of 17-365 days-passe Laquan McDonald. File Checklist by Nancy Stone/UPI/Pool | License Checklist
April 18 (UPI) — Federal authorities on Monday acknowledged they will no longer see charges in opposition to Jason Van Dyke, the dilapidated Chicago police officer convicted within the taking pictures death of Laquan McDonald.
U.S. Attorney for the Northern District of Illinois John Lausch announced that his office would no longer pursue federal charges in opposition to Van Dyke, noting it would be extra complicated to bring a second prosecution because the burden of proof is elevated than in his narrate trial.
“It requires federal prosecutors to define past an inexpensive doubt what Mr. Van Dyke became thinking when he outmoded deadly force and that he knew such force became mistaken,” Lausch’s office acknowledged. “The federal law gifts a genuinely high bar — extra stringent than the narrate charges on which Mr. Van Dyke became convicted.”
Van Dyke became convicted in 2018 of second-diploma waste and 16 counts of aggravated battery for taking pictures the 17-365 days-passe McDonald 16 cases as he walked faraway from police at some level of an stumble upon in October 2014.
Lausch’s office acknowledged that if federal prosecutors pursued the second round of charges they’d derive to define Van Dyke’s actions “were no longer the consequence of mistake, terror, negligence, or unfriendly judgment.”
“A federal trial would no longer be a retrial of the narrate case,” the office wrote. “There isn’t very such a thing as a conventional waste tag beneath federal law that would apply. Federal prosecutors would deserve to define to a jury past an inexpensive doubt that Mr. Van Dyke willfully disadvantaged Mr. McDonald of a constitutional exquisite.”
Further, Lausch’s office acknowledged there became “a basic prospect that a second prosecution would diminish the significant results already executed,” citing Van Dyke’s 81-month penal complicated sentence and a consent decree that prompted the Chicago Police Division to implement reforms.
Van Dyke became launched from penal complicated in February after serving about three years or roughly half of of his sentence.
Lausch’s office acknowledged the decision became moreover made in session with McDonald’s family.
“U.S. Attorney Lausch has spoken with a representative of Mr. McDonald’s family on extra than one cases at some stage within the final three years, alongside with recently, to be in contact in regards to the factors the Division of Justice considers when deciding to bring a second prosecution,” the office acknowledged. “The family became in agreement no longer to pursue a second prosecution, and the office respects their set up.”
McDonald’s aunt, Tanisha Hunter, denied that she, McDonald’s mother or grandmother had been enthusiastic with Lausch’s office, the Chicago Sun-Times reported.
“We were no longer aware of any of that. I trusty talked to my sister and he or she did no longer state something about it,” Hunter told the paper. “I’m upset. That is all I’m in a position to reveal. How could possibly possibly they are saying that? We’re those that must always win that decision, no longer any individual else. We’re talking about his momma, his grandma. That is crazy.”