GUILTY IL - Laquan McDonald, 17, fatally shot, Chicago PD charged, 20 Oct 2014 -J. VanDyke GUILTY*

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With time served should be out is 3 years, per local news.

ETA: Judge said no one will be happy with the sentence (paraphrasing).
 
wasnt the "2 years mandatory" part talking about supervision after he is released? some places are reporting that only 2 years of his sentence are mandatory and he could then be eligible for parole.
 
Chicago cop Jason Van Dyke sentenced to more than 6 years for murder of Laquan McDonald

"...Gaughan sentenced him to 81 months, or six years nine months. Illinois state law requires he serve at least 50 percent of the sentence under the 2nd degree murder statute. He's already served about three months as he awaited sentencing, so Van Dyke could potentially be out of prison in a little more than three years...."

Chicago cop Jason Van Dyke sentenced to more than 6 years for murder of Laquan McDonald
 
YESorNO said:
Chicago cop Jason Van Dyke sentenced to more than 6 years for murder of Laquan McDonald

"...Gaughan sentenced him to 81 months, or six years nine months. Illinois state law requires he serve at least 50 percent of the sentence under the 2nd degree murder statute. He's already served about three months as he awaited sentencing, so Van Dyke could potentially be out of prison in a little more than three years...."

Chicago cop Jason Van Dyke sentenced to more than 6 years for murder of Laquan McDonald
Click to expand...


not trying to keep confusing things but - joe roddy, a former cook county prosecutor (so where this case is taking place) just said that it will be determined by the department of correction whether he gets "day for day" which would mean 50% served, or if he will have to do 85%. so it sounds like it is yet to be determined, provided this guy still knows what he is talking about.

he will also get about 3 months credit for the time he has been in jail so far.
 
drjones said:
not trying to keep confusing things but - joe roddy, a former cook county prosecutor (so where this case is taking place) just said that it will be determined by the department of correction whether he gets "day for day" which would mean 50% served, or if he will have to do 85%. so it sounds like it is yet to be determined, provided this guy still knows what he is talking about.

he will also get about 3 months credit for the time he has been in jail so far.
Click to expand...

I heard that also- to be determined by the dept of corrections
 
Former Chicago police officer Jason Van Dyke sentencing hearing- Full Hearing

 
im confused, the judge mentioned the people vs lee as his main point of guidance, but the people vs lee seems to suggest he got it completely backwards???

People v. Lee

"We also hold that when vacating an offense for one-act, one-crime purposes in cases involving crimes of differing legislative classifications, the seriousness of each offense must be ascertained by the relative punishments prescribed by the General Assembly. In this case, defendant's second degree murder conviction, a Class 1 felony, should have been vacated rather than his aggravated battery with a firearm conviction, a Class X felony."

so when this judge wanted to go with the "one act, one crime" provision he should have charged the more serious crime - the Class X felony.

anyone have any better grasp of this and think im not understanding this correctly?

he seemed to just go with a "common sense" approach and say well obviously murder is worse than just shooting and injuring someone... but the law doesnt say that at all?! it says you charge for the more serious offense under the law.
 
YESorNO said:
Shannon Heffernan‏ @shannon_h 6m6 minutes ago
Van Dyke's wife, Tiffany, is now on the stand. She says the department lost a good officer and breaks down as she describes the backlash her daughters have felt. She could be the last witness. Jason Van Dyke gets chance to speak, but we don't know if he will take it.


Barb Markoff‏ @BarbMarkoffABC7 5m5 minutes ago
Jason Van Dyke sitting at defense table quietly listening to his wife Tiffany testify.


Ward_Room‏ @Ward_Room 4m4 minutes ago
Jason Van Dyke's wife Tiffany says one of her daughters loved dance and dance classes, but "unfortunately that comes with a big price tag," so she no longer dances.


Nader Issa‏ @NaderDIssa 3m3 minutes ago
"The last name Van Dyke is not a name that goes well within the city of Chicago," says Tiffany Van Dyke, wife of Jason Van Dyke, at her husband's sentencing hearing. #LaquanMcDonald


Barb Markoff‏ @BarbMarkoffABC7 59s59 seconds ago
Tiffany Van Dyke says she passed the tests and went through the academy to become a Cook County Correctional Officer but was never allowed to do the job. She claims it is because she is married to Jason Van Dyke.


Christy Gutowski‏ @ChristyGutowsk1 55s55 seconds ago
"My husband is not a murderer," Tiffany Van Dyke testifies at the sentencing hearing of her husband, Jason, a former Chicago police officer who fatally shot Laquan McDonald 16 times in 2014.


Mitch Smith‏Verified account @MitchKSmith 2m2 minutes ago
Testimony continuing, with members of Jason Van Dyke’s family asking the judge for leniency. “There is no malice in my husband,” said his wife, Tiffany.


Nader Issa‏ @NaderDIssa 2m2 minutes ago
Tiffany Van Dyke at her husband's sentencing hearing: "The media is harsh. The media is mean. The media is manipulative." #LaquanMcDonald


Ward_Room‏ @Ward_Room 45s45 seconds ago
If Jason Van Dyke is sent to prison, his wife Tiffany says through tears, "my biggest fear is that somebody would kill him, for something that he did as a police officer. There was no malice, no hatred that night. It was simply a man doing his job."
Click to expand...
This makes me sick. I am not completely caught up on posts because I had to take a break after the sentence was issued. But saying he is not a murderer when he has been convicted of murder by a jury in a fair trial is outrageous and very angering to me. I do feel bad for the family, for the children. But that feeling is because of Van Dyke's actions, not because of McDonald's actions. Van Dyke did this to his own family and none of their testimony is mitigating IMO, it's their suffering because of his poor and criminal choices.

If a lay person had been convicted of murder and his or her family was testifying about the effects on their life, they would be equally devastating. It does not change what that person did. Your family member committed a criminal act and it affected your family negatively. How is that mitigating for the family?! It breaks my heart that their testimony matters more only because he had a badge when he committed murder.
 
YESorNO said:
Ward_Room‏ @Ward_Room 1m1 minute ago
Court is now back in session. Judge Gaughan says he'll hear final arguments on the penalty portion; then Jason Van Dyke will have the opportunity to speak. Then the judge says he'll take a "very brief" recess and come back with his sentencing decision.


Cheryl Corley‏ @nprcherylcorley 1m1 minute ago
Closing arguments in the sentencing hearing for Jason Van Dyke - the Chicago policeofficer willsoon begin. It’s been a day full of testimony for witnesses calling for either a lenient or lengthy sentence for the cop found guilty of 2nd degree murder and aggravated battery


Ward_Room‏ @Ward_Room 28s29 seconds ago
The defense is reading a letter to the court, from Jason Van Dyke's 12-year-old daughter. "People come up to me and say my dad is a murderer. ... I have trouble sleeping at night because my dad may have to go away for a long time." "I love my dad more than words can say."


Barb Markoff‏ @BarbMarkoffABC7 1m1 minute ago
Defense attorney reading letter from Jason Van Dyke’s 12-year-old daughter. In letter she says she knows her dad had to kill someone while he was working.


Beth Bria‏ @BethBriaReports 1m1 minute ago
The defense is reading a letter from Jason Van Dyke’s 12-year-old daughter. “Kids come up to me and say my dad is a murderer. That hurts so much. My dad is not that.” @cbschicago


Ward_Room‏ @Ward_Room 1m1 minute ago
Jason Van Dyke's twelve-year-old daughter, in a letter which defense attorneys are reading to the judge in court: "My dad is my everything .... I need my dad in my life."


Nader Issa‏ @NaderDIssa 1m1 minute ago
A defense attorney is reading a letter from Jason Van Dyke's 12-year-old daughter: "For the last four years my family has had our lives turned upside down ... I do know that my dad had to shoot someone and they lost their life."


Erica Demarest‏Verified account @ericademarest 52s53 seconds ago
Defense attorney Tammy Wendt is now reading a letter from Jason Van Dyke's 12-year-old daughter. The girl wrote that kids in school bully her and say her dad is a murderer. "That makes me so sad."
Click to expand...
I am heartbroken for these kids that they think their dad "had to" murder someone while he was at work. If those were the actual facts, he would not be convicted of murder. SMH.
 
Black teen's family laments sentence given to white officer

"Explosive video of a white Chicago officer shooting a black teenager 16 times in 2014 shocked consciences around the world. Graphic images of Laquan McDonald crumpling to the street while bullets kept striking him stirred expectations that the officer might be convicted in the killing and pay a heavy price in prison time.

But on Friday, a sentence of less than seven years for Jason Van Dyke -- and the possibility that he may serve only half of that -- led McDonald's family and at least one activist to question whether justice had been done and the right message sent to other officers. ...

Black teen's family laments sentence given to white officer
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Illinois' top prosecutor challenges sentence of officer who killed Laquan McDonald

Feb. 11, 2019

"The Illinois attorney general is challenging the sentence of a former Chicago police officer found guilty of fatally shooting a black teenager more than a dozen times as he walked away.

Jason Van Dyke was sentenced in January to six years and nine months in prison after he was found guilty of second-degree murder and 16 counts of aggravated battery in the killing of Laquan McDonald in October 2014.

Prosecutors had initially asked for Van Dyke, 40, to be sentenced to a minimum of 18 years, although the state's sentencing guidelines allowed a term of 96 years or more — six years for each shot the former officer fired.

Illinois Attorney General Kwame Raoul and Kane County State's Attorney Joseph McMahon, the special counsel in Van Dyke's trial, said Monday that they filed a petition with the state Supreme Court to review whether the law was followed when the sentence was handed down....

Instead of Van Dyke's sentence being based on his conviction for the 16 counts of aggravated battery, it was for the second-degree murder conviction, which meant less time in prison...."

Illinois' top prosecutor challenges sentence of officer who killed Laquan McDonald
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