CHICAGO — The Chicago badge administrator answerable with murdering 17-year-old Laquan McDonald took the angle Tuesday to affirm in his own defense.
Jason Van Dyke said he again shouted “Drop the knife! Drop the knife!” afore aperture blaze on McDonald on Oct. 20, 2014, cutting the boyhood 16 times.
Van Dyke said McDonald avant-garde at the administrator afore adopting a knife: “He had no expression. His eyes were aloof bugging out of his head. He’s huge — advanced eyes … aloof staring at me.”
Van Dyke’s affidavit contradicts beholder accounts that say McDonald was affective abroad from badge aback Van Dyke opened fire. Dashcam video shows McDonald bouncing a knife from ancillary to side, but never appropriation it aloft waist level.
Van Dyke, 40, is answerable with first-degree murder, official delinquency and aggravated battery. Dashcam video, which was appear 13 months afterwards via cloister order, sparked massive protests.
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3:10 p.m. Affidavit concludes for the day. Cloister resumes Wednesday
Defense attorneys are accepted to blow their case Wednesday morning at the Leighton Criminal Courthouse, 2650 S. California Ave. Prosecutors may alarm acknowledgment witnesses.
2:40 p.m. McDonald’s knife and adjacency fabricated him an ‘imminent threat,’ able says
In a affecting moment Tuesday, a use-of-force able from California approved a point by lunging at aegis advocate Dan Herbert with a toy knife, shouting, “Stab! Stab! Stab! Stab!”
Within account of demography the angle Tuesday, Barry Brodd said, “I feel that Administrator Van Dyke’s cutting of Laquan McDonald was justified.”
Brodd testified that McDonald airish an “imminent threat” to the administrator because McDonald was armed and almost 13 anxiety abroad from Van Dyke. Using a chicken band measure, Herbert abstinent out 13 anxiety — and alleged Brodd bottomward from the stand.
As the men stood 13 anxiety apart, Herbert asked Brodd how McDonald could be a blackmail at this distance. “I’ll appearance you,” Brodd said afore lunging at the attorney. He bankrupt the ambit in two seconds.
Brodd testified he was paid $12,000 by the aegis for his services. He will be paid an added $350 for anniversary hour of testimony.
1:50 p.m. Assay of Jason Van Dyke begins
Prosecutor Jody Gleason during assay played both dashcam footage and a 3D action of the McDonald cutting to blow holes in Van Dyke’s testimony.
The administrator said neither video accurately captured his angle on the scene. The 3D animation, which places the eyewitness abaft Van Dyke while the cutting occurs, “is not my angle because it’s assuming the aback of my arch and aloft me,” Van Dyke said. “So it’s not my perspective, Miss.”
When questioned by Gleason, Van Dyke generally said he couldn’t anamnesis specific details: “I don’t bethink anon what happened afterwards the shooting. I was still in shock.”
Van Dyke at one point said he connected to shoot already McDonald was on the arena because the boyhood still had a knife. “I attempt at that knife. I capital him to get rid of that knife.”
“You’re not accomplished as a badge administrator to shoot at somebody’s knife, are you?” Gleason asked, acquainted that admiral are about accomplished to shoot centermost mass.
“My focus was aloof on that knife,” Van Dyke said. “I capital him to get rid of that knife.”
Referencing beforehand affidavit from yst Laurence Miller, Gleason asked Van Dyke why he — while en avenue to the McDonald cutting on Oct. 20, 2014 — looked to accomplice Joseph Walsh and said, “Oh, my God. We’re activity to accept to shoot the guy.”
“I anticipation the admiral were beneath attack,” Van Dyke said. “… And the accomplished affair was abominable to me.”
On re-direct with aegis advocate Randy Rueckert, Van Dyke said of McDonald: “He could’ve befuddled that knife abroad and concluded it all appropriate again and there.”
1:10 p.m. Jason Van Dyke takes the stand
Van Dyke occasionally fought tears Tuesday as he took the angle to affirm about Oct. 20, 2014 — the night he dead McDonald.
Van Dyke aing the Chicago Badge Department in June 2001 and has formed in some of Chicago’s toughest neighborhoods. He said he “unfortunately” had to draw his gun on assorted occasions — but never accursed the weapon afore the McDonald shooting. “And I’m actual appreciative of that.”
Earlier in the day, Van Dyke accomplished some domiciliary affairs and formed a 4-hour about-face at a Cicero Walmart, area he was a part-time aegis guard.
Van Dyke appear for CPD assignment by 9 p.m. and was accepting coffee at a 7-Eleven with accomplice Joseph Walsh aback a alarm for advancement came over the badge radio anon afore 10 p.m.
When the duo accustomed on the scene, Van Dyke testified, they spotted Administrator Joseph McElligott with his gun drawn, afterward McDonald.
“I saw a macho atramentous in advanced of him,” Van Dyke said, “wearing a atramentous hoodie and dejected jeans, running. And in his hand, I saw a knife.”
Van Dyke said he at one point falsely anticipation McDonald alone the knife, and at addition point was acquisitive to use his own band car aperture to beating bottomward the teen.
As anon as Van Dyke stepped out of his badge SUV, he said, McDonald was “advancing at me.”
“He had no expression,” Van Dyke said. “His eyes were aloof bugging out of his head. He’s huge — advanced eyes … aloof staring at me.”
Van Dyke said he again shouted, “Drop the knife! Drop the knife!” — but McDonald never stopped. “We never absent eye contact. His eyes were bugging out, his face was aloof expressionless.”
At that point, Van Dyke testified, McDonald angry against the administrator and coiled the knife against Van Dyke’s shoulder. While account the moment Tuesday, the administrator began to cry on the stand. “I attempt him.”
Van Dyke testified McDonald never alone the knife.
“Once I accustomed he was on the ground,” Van Dyke said, “I chock-full shooting.”
Van Dyke testified he saw McDonald alpha to advance up from the arena with his larboard hand: “I capital him to break on the arena because it was activity to be an easier position for us to booty him into custody.”
Once his gun was empty, Van Dyke said, he reloaded the weapon as he was trained. Walsh again looked at Van Dyke, the administrator testified, and said, “Jason, I’ve got this.”
Van Dyke said he has a bachelor’s amount in business, and is affiliated with a wife and two children, ages 12 and 17.
1 p.m. Bond set at $1,000 for announcer captivated in contempt
Judge Vincent Gaughan set bond at $1,000 for Zachary Siegel, the announcer captivated in absolute antipathy for recording testimony. Siegel bare to pay $100, or 10 percent, to go free. Fellow reporters affiliated cash, and Siegel was eventually appear from aegis about 3:45 p.m. Tuesday.
His aing cloister date is Oct. 31.
12:30 p.m. CTA agenda recovered on McDonald’s body
Chicago badge Detective William Johnson, who has been on the force 21 years, testified about affirmation recovered on McDonald’s anatomy at Mount Sinai Hospital.
A CTA agenda that belonged to a disabled veteran, a cancellation and a accompaniment ID were amid items collected. Aegis attorneys brought up the CTA agenda in aperture statements, arguing that McDonald was on a agrarian binge afore he was killed.
12:15 p.m. ‘Oh, my God. We’re activity to accept to shoot the guy’
Psychologist Laurence Miller during assay Tuesday said he interviewed Van Dyke in 2016 via Skype with advance aegis admonition Dan Herbert present. It was “not ideal, but acceptable.”
During that interview, Miller said, it was appear by Van Dyke that he looked to his partner, Joseph Walsh, the night of the McDonald cutting and asked, “Why don’t they shoot him, if he’s advancing them?”
Prosecutor Joseph Cullen asked Miller whether Van Dyke while en avenue to the arena Oct. 20, 2014, told his partner, “Oh, my God. We’re activity to accept to shoot the guy.”
“That’s what he told me, yes,” Miller said.
In that aforementioned 2016 interview, Miller testified, Van Dyke told the yst McDonald gave him a “dead stare” and it was like “looking into Laquan McDonald’s soul.”
11:35 a.m. Announcer captivated in antipathy for recording testimony
Cook County Judge Vincent Gaughan abruptly chock-full affairs about 11:35 a.m. Tuesday and beatific jurors out of the room. He alleged to the angle a man afterwards articular as Zachary Siegel, a freelance announcer alive for Undark Magazine.
Gaughan accused Siegel of recording testimony, which is not accustomed central any attorneys at the Leighton Criminal Cloister Building, 2650 S. California Ave.
“Trying to d the system, aggravating to get advanced … get advanced of justice, isn’t tolerable in this courtroom,” Gaughan said.
Siegel was removed from the attorneys by deputies.
10:45 a.m. Firing a gun is ‘a adequately abstruse event,’ yst says
Laurence Miller, a yst from Florida, acclimated a PowerPoint presentation blue-blooded “Neuropsychology of Baleful Force Encounters” to explain how animal accuracy acknowledge to emergency situations.
“If we’re faced with danger,” Miller said, “our accuracy are cogent us to do whatever we can to get abroad from danger.”
For aboriginal responders, though, the job is to run against it: “Even admitting their accuracy are cogent them, ‘Run. Get away. Save yourself,’ their job is to do the opposite.”
Miller testified that memories may not anatomy fully, accurately or at all in emergency situations. The academician is too focused on what’s at duke for adaptation reasons.
“The anamnesis arrangement in an emergency bearings about becomes hijacked,” Miller said.
He anon narrowed in on badge shootings, acquainted that “distortions in time perception” are accepted for officers. Some may apperceive time as affective in apathetic motion, while others anticipate time is affective far added bound than it is. A few account can feel like a few seconds, or carnality versa.
“Firing a weapon … is a adequately abstruse event,” Miller said. “Police officers, or alike soldiers for that matter, they don’t adore demography a animal life.”
Common affection for badge afterwards officer-involved shootings include impaired sleep, an “adrenaline dump” and connected second-guessing. That aftermost one could be, Miller said, admiral aggravating to bethink absolutely what happened back memories didn’t anatomy correctly.
“Many badge admiral will obsessively second-guess themselves,” Miller said.
On the night of Oct. 20, 2014, Miller said, “Officer Van Dyke responded to what he perceived was a baleful blackmail and responded in a way that, based on his training, was advised to abrogate that blackmail as he accepted it.”
Miller testified that “a reasonable administrator faced with the aforementioned perceptual reality” as Van Dyke additionally would accept attempt McDonald.
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