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Former Chicago police Officer Jason Van Dyke released from prison

Van Dyke was convicted of second-degree murder, a charge that allows defendants to serve half their sentences if they behave in prison.

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Associated Press

CHICAGO (AP) — Camile Lindsey, chief of staff for the state Department of Corrections, said in an email that former Chicago Police Officer Jason Van Dyke, 43, was released at 12:15 a.m. from the Taylorville Correctional Center in central Illinois.

The conditions of his parole and what Van Dyke plans to do next weren't immediately known.



Van Dyke became the first Chicago officer in about half a century to be convicted of murder for an on-duty killing, and many people hoped his 2018 conviction for second-degree murder and aggravated battery signaled a new era of police accountability and of the department's treatment of the city's black residents.[1] But they said his early release for good behavior after he served about three years and four months of his sentence of six years and nine months revictimized McDonald and the black community.[2]

“This is the ultimate illustration that black lives don’t matter as much as other lives,” said the Rev. Marshall Hatch, a prominent minister on the city’s West Side. “To get that short amount of time for a murder sends a bad message to the community.”

Mayor Lori Lightfoot, who is black, made a similar point.

“I understand why this continues to feel like a miscarriage of justice, especially when many black and brown men get sentenced to so much more prison time for having committed far lesser crimes,” she said in a statement Thursday.

To give the teen and the community the justice it hoped it had with Van Dyke's conviction, the NAACP this week asked U.S. Attorney General Merrick Garland to bring federal civil rights charges against Van Dyke.[3] McDonald's grandmother, Tracie Hunter, has asked for the same thing.

Van Dyke's release comes at a perilous time for the city and its police force. Chicago is experiencing a surge in violent crime and had more homicides last year than in any in the past quarter century.[4] And the city continues to pay multi-million settlements to victims of police abuse. Just this week, prosecutors said they would vacate the convictions of nearly 50 more people who were framed or falsely accused by police of drug crimes.

The 2014 shooting eventually led to a court-ordered consent decree that resulted in several reforms, including the creation of a civilian-led police oversight board and new rules governing investigations into police shootings.[5] And after the city refused to release the police video of McDonald’s killing for more than a year and only did so after a judge ordered it to do so, it now must release such videos within 60 days.

But, while Lightfoot on Thursday pointed to “historic reforms” the city has made, changes have come slower than expected and the city has struggled to meet some of the consent decree’s deadlines. Not only that, but just as then-Mayor Rahm Emanuel fought the release of the McDonald video, Lightfoot’s administration tried to prevent a TV station from airing video of a botched police raid in which an innocent black woman was handcuffed while naked. Ultimately, the raid led to a $2.9 million settlement with the woman, Anjanette Young.[6]



To Hatch and others, Van Dyke’s early release is another reminder of what they already knew.

“It just reinforces this feeling of hopelessness in African American communities, and reinforces the thought that police can continue their oppressive behavior in those communities and be either exonerated or given light sentences,” said Chico Tillmon, a senior research fellow at the University of Chicago Crime Lab and a former gang member.

“I served 16 years and 3 months for conspiracy to sell drugs and somebody who committed murder, openly, publicly, did 3 1/2 years,” he said. “This kind of thing happens over and over.”

Hatch’s anger stems in part from a sense that the criminal justice system came tantalizingly close to finally working for a black victim of police violence before the judge decided to sentence Van Dyke only for second-degree murder — a charge that allows defendants to serve half their sentences if they behave in prison — and not any of the 16 counts of aggravated battery.

Craig Futterman, a University of Chicago law professor who helped lead the push to force the city to release the video, called the sentence “a slap in the face for black folks and those of us who care about police accountability.”

However, Futterman said, “It was next to unbelievable that there was a prosecution and a conviction for murder.”

And although McDonald’s great uncle, the Rev. Marvin Hunter, believes the sentence was woefully inadequate, he said it doesn’t take away from the significance of the case.

“Had Jason Van Dyke gotten one day in jail it would have been a victory because he was the first,” said Hunter. “Since then, police across the country are getting convicted of murdering black people.”

Joseph McMahon, the special prosecutor who led a team of attorneys that secured Van Dyke’s conviction and who asked the judge to impose an 18-20 year sentence, said he hopes people don’t think Van Dyke escaped punishment.

“I know this is difficult to accept, especially for minority communities marginalized by police and the criminal justice system for decades, but this (the conviction and sentence) is a sign of progress,” he said.

As a former police officer, Van Dyke reportedly spent most of his time-served in isolation.


 
   
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Notes & References


  1. Babwin, Don. “Officer Convicted of Murder in Slaying of Laquan McDonald.” AP NEWS. Associated Press, October 5, 2018. https://apnews.com/article/shootings-jason-van-dyke-us-news-ap-top-news-chicago-862ebaf6890d44de80c0ae74cac3949e. ↩︎

  2. Babwin, Don. “Officer Who Shot Black Teen Sentenced to Nearly 7 Years.” AP NEWS. Associated Press, January 19, 2019. https://apnews.com/article/jason-van-dyke-us-news-ap-top-news-chicago-north-america-6bff6a3427a9497dad34ad5dcbfe8c22. ↩︎

  3. Balsamo, Michael. “NAACP Urges Federal Charges in Laquan McDonald's Killing.” AP NEWS. Associated Press, February 1, 2022. https://apnews.com/article/shootings-chicago-illinois-merrick-garland-laquan-mcdonald-a078a7f4e40889ac69ac1f0d6d4f4921. ↩︎

  4. Chicago Journal. “2021 Ends as Chicago's Deadliest Year in a Quarter Century.” Chicago Journal. Chicago Journal, January 2, 2022. https://www.chicagojournal.com/2021-ends-as-chicagos-deadliest-year-in-a-quarter-century/. ↩︎

  5. Tarm, Michael. “Judge Oks Chicago's Historic Court-Monitored Police Reforms.” AP NEWS. Associated Press, January 31, 2019. https://apnews.com/article/laquan-mcdonald-illinois-chicago-police-ap-top-news-e4314aadbc4e4dd8a529cf2cf8bdc0de. ↩︎

  6. Chicago Journal. “Chicago Expected to Pay Anjanette Young $2.9m over Botched Police Raid.” Chicago Journal. Chicago Journal, December 13, 2021. https://www.chicagojournal.com/chicago-expected-to-pay-anjanette-young-2-9m-over-botched-police-raid/. ↩︎

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