April 18 (UPI) — Federal authorities on Monday said they will not seek charges against Jason Van Dyke, the former Chicago police officer convicted in the shooting death of Laquan McDonald.
U.S. Attorney for the Northern District of Illinois John Lausch announced that his office would not pursue federal charges against Van Dyke, noting it would be more difficult to bring a second prosecution as the burden of proof is higher than in his state trial.
“It requires federal prosecutors to prove beyond a reasonable doubt what Mr. Van Dyke was thinking when he used deadly force and that he knew such force was excessive,” Lausch’s office said. “The federal law presents a very high bar — more stringent than the state charges on which Mr. Van Dyke was convicted.”
Van Dyke was convicted in 2018 of second-degree murder and 16 counts of aggravated battery for shooting the 17-year-old McDonald 16 times as he walked away from police during an encounter in October 2014.
Lausch’s office said that if federal prosecutors pursued the second round of charges they would have to prove Van Dyke’s actions “were not the result of mistake, fear, negligence, or bad judgment.”
“A federal trial would not be a retrial of the state case,” the office wrote. “There is no general murder charge under federal law that would apply. Federal prosecutors would need to prove to a jury beyond a reasonable doubt that Mr. Van Dyke willfully deprived Mr. McDonald of a constitutional right.”
Further, Lausch’s office said there was “a significant prospect that a second prosecution would diminish the important results already achieved,” citing Van Dyke’s 81-month prison sentence and a consent decree that prompted the Chicago Police Department to implement reforms.
Van Dyke was released from prison in February after serving about three years or approximately half of his sentence.
Lausch’s office said the decision was also made in consultation with McDonald’s family.
“U.S. Attorney Lausch has spoken with a representative of Mr. McDonald’s family on multiple occasions over the past three years, including recently, to discuss the factors the Department of Justice considers when deciding to bring a second prosecution,” the office said. “The family was in agreement not to pursue a second prosecution, and the office respects their position.”
McDonald’s aunt, Tanisha Hunter, denied that she, McDonald’s mother or grandmother had been in contact with Lausch’s office, the Chicago Sun-Times reported.
“We were not aware of any of that. I just talked to my sister and she didn’t say anything about it,” Hunter told the paper. “I’m upset. That’s all I can say. How could they say that? We’re the ones who should make that decision, not someone else. We’re talking about his momma, his grandma. That’s crazy.”
