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Laquan McDonald: Shooting video presents 'distorted' image claims police officer's lawyer

Officer Jason Van Dyke had been the subject of at least 18 complaints from members of the public

Andrew Buncombe
New York
Wednesday 25 November 2015 12:32 EST
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The officer's lawyer claims the video shows a distorted image
The officer's lawyer claims the video shows a distorted image (YouTube)

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The lawyer defending the Chicago police officer charged with murdering a black teenager has claimed graphic video that shows the 17-year-old being shot presented a “distorted” image.

Daniel Herbert, who is representing officer Jason Van Dyke, claimed that his client now feared for his life after the release of footage that showed the officer shooting dead Laquan McDonald.

“The reason my client Jason fired his weapon that evening back in October 2014 is that he truly was in fear for his life as well as the lives of his fellow police officers,” Mr Herbert told CNN.

Jason Van Dyke has been charged with first degree murder
Jason Van Dyke has been charged with first degree murder

“Someone called for a Taser. No Taser was available.”

Mr Herbert said that when he initially looked at the video footage - which is a little under seven minutes in length - he found it “difficult to explain”. Yet he said, the more he looked at it, he more he believed his client’s actions were justified.

Chicago police

“Video by its nature is two-dimensional. It distorts images. So what appears to be clear on a video sometimes is not always that clear,” he added.

The shooting took place in October 2014 and the release of the video footage, captured by the dashcam of a police vehicle, was opposed by the police. Last week, a court ordered the city authorities release it by Wednesday.

On Tuesday, amid growing concern that the release of the footage could spark a violent response, Mr Van Dyke was charged with first degree murder. It was the first time in 35 years that a serving Chicago police officer had faced such a charge.

Laquan McDonald was shot and killed in October 2014
Laquan McDonald was shot and killed in October 2014 (AP)

A post-mortem examination found that the teenager had been shot a total of 16 times. The video shows that those shots were fired in a space of 30 seconds and that many were fired while the 17-year-old lay on the floor.

The release of the video has sparked anger and outcry, and many protesters took to the streets on Tuesday in demonstrations that were overwhelmingly peaceful. Activists have said the shooting of the teenager is not an isolated incident and that the Chicago Police Department is in need of overhaul.

Many activists question why Mr Van Dyke was still a member of the force, given that he had faced many complaints about his conduct.

Local media said at least 18 citizen complaints have been filed against Mr Van Dyke in his 14-year career, but he was never disciplined, according to a University of Chicago database. Eight complaints alleged excessive force, two involving the use of a firearm, in addition to the shooting of the teenager.

“We don't have all of Van Dyke's complaints but the complaints of, the misconduct complaints from Van Dyke that we do have in our data tool show by and large excessive force and racial slurs,” Alison Flowers, of the University of Chicago, told ABC.

“And he has largely operated with impunity and under a code of silence with the same huddle of officers again and again.”

Prosecutors said there was more than adequate evidence to charge Mr Van Dyke with murder, regardless of his record.

“I'm not going to comment on what his history is. I don't know what all of his prior incidents are,” said prosecutor Anita Alvarez.

“All I know, is that in looking at this case, but based on evidence bringing charged. Not just looking at tape, talking to witnesses.”

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