{"id":3501,"date":"2019-03-22T14:48:20","date_gmt":"2019-03-22T14:48:20","guid":{"rendered":"http:\/\/baileyonlineclassroom.com\/theamericasblog\/?p=3501"},"modified":"2019-03-22T14:48:20","modified_gmt":"2019-03-22T14:48:20","slug":"no-re-sentencing-for-chicago-policeman-in-laquan-mcdonald-murder-court-rules","status":"publish","type":"post","link":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/2019\/03\/22\/no-re-sentencing-for-chicago-policeman-in-laquan-mcdonald-murder-court-rules\/","title":{"rendered":"No re-sentencing for Chicago policeman in Laquan McDonald murder, court rules"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">The Illinois Supreme Court on Tuesday denied a request by state prosecutors to hold a new sentencing hearing for ex-Chicago police officer Jason Van Dyke who was sentenced to nearly seven years in prison for murdering black teenager Laquan McDonald.FILE PHOTO: Chicago police officer Jason Van Dyke watches the prosecution&#8217;s closing statements during his trial for the shooting death of Laquan McDonald at the Leighton Criminal Court Building in Chicago, Illinois, U.S., Oct. 4, 2018. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Van Dyke, 40, who is white, was convicted in October in the shooting death of 17-year-old McDonald in 2014 in a case that highlighted racial tensions in America\u2019s third-largest city. He is the first on-duty Chicago police officer to be convicted for the killing of a black person.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Van Dyke faced 20 years in prison for second-degree murder and up to 30 years for each of 16 counts of aggravated battery &#8211; one count for each shot he fired at McDonald, who was carrying a knife.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In January, Cook County Circuit Court Judge Vincent Gaughan sentenced Van Dyke to six years and nine months in prison on just the murder charge, arguing it was the more serious crime.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Illinois Attorney General Kwame Raoul and Kane County State\u2019s Attorney Joseph McMahon, the special prosecutor in the case, filed a petition in February asking the Illinois Supreme Court to vacate the sentence and set a new hearing.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">They argued Gaughan should have sentenced Van Dyke on the aggravated battery convictions, which they called more serious than the second-degree murder charge.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">They also asked for a sentence on each of the aggravated battery counts and to determine which of those involved \u201csevere bodily injury\u201d warranting consecutive sentences.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Four Illinois Supreme Court justices ruled to deny the request without explanation while two others disagreed with part or all of the ruling, a court document showed.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">\u201cWe recognize and respect the supreme court\u2019s authority,\u201d Raoul said in an afternoon news conference.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Daniel Herbert, an attorney for Van Dyke, said in a Tweet that they were \u201cextremely pleased\u201d with the ruling.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">\u201cWe hope that the decision will strike a fatal blow to the political exploitation of the death of Laquan McDonald,\u201d he said.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Van Dyke is appealing the conviction.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Protests erupted after the release of a police dashboard camera video showing McDonald being shot repeatedly.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The video, whose release was compelled by a lawsuit more than a year after the Oct. 20, 2014, shooting, was shown repeatedly during Van Dyke\u2019s three-week trial.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Jurors said they faulted Van Dyke for escalating the incident.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The ensuing firestorm over the case prompted the dismissal of the city\u2019s police superintendent and calls for Chicago Mayor Rahm Emanuel to resign. Emanuel is not seeking a third term in this year\u2019s mayoral election.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Illinois Supreme Court on Tuesday denied a request by state prosecutors to hold a new sentencing hearing for ex-Chicago police officer Jason Van Dyke who was sentenced to nearly seven years in prison for murdering black teenager Laquan McDonald.FILE PHOTO: Chicago police officer Jason Van Dyke watches the prosecution&#8217;s closing statements during his trial for the shooting death of&#8230; <a href=\"https:\/\/baileyonlineclassroom.com\/theamericasblog\/2019\/03\/22\/no-re-sentencing-for-chicago-policeman-in-laquan-mcdonald-murder-court-rules\/\">Read more &raquo;<\/a><\/p>\n","protected":false},"author":81,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3501","post","type-post","status-publish","format-standard","hentry","category-article"],"_links":{"self":[{"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/posts\/3501","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/users\/81"}],"replies":[{"embeddable":true,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/comments?post=3501"}],"version-history":[{"count":1,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/posts\/3501\/revisions"}],"predecessor-version":[{"id":3502,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/posts\/3501\/revisions\/3502"}],"wp:attachment":[{"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/media?parent=3501"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/categories?post=3501"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/tags?post=3501"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}