An IL judge ruled Thursday the video showing the fatal shooting of a black teenager by a white Chicago police officer has to be released, according to WGN-TV in Chicago.
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Cook County Judge Franklin Valderrama has told attorneys he would announce his decision Thursday, though his decision is expected to be appealed by either the city or the freelance journalist who filed a public records request seeking the video, Brandon Smith.
An autopsy report from the Cook County medical examiner’s office showed that McDonald was shot 16 times, at least twice in the back.
“Police officers are entrusted to uphold the law, and to provide safety to our residents”, the statement said. In this case unfortunately, it appears an officer violated that trust at every level.
In an 18-page ruling, Valderrama said the police could not apply an exemption to Freedom of Information Act rules. “It’s time for the city to release this video and not continue this fight”.
The city agreed to a $5 million settlement with McDonald’s family even before a lawsuit was filed.
Tio Hardiman, executive director of the non-profit organization Violence Interrupters, said this case is merely the latest example of why Chicago needs to rid itself of police Superintendent Garry McCarthy.
Jeffrey Neslund, a lawyer for McDonald’s mother, Tina Hunter, said she was not part of the battle to release the video.
The city will appeal the ruling, said Bill McCaffrey, spokesman for the Chicago City Law Department. “I share their concern”. The judge is set to release his decision Thursday afternoon. Police have said he was stripped of his police powers and assigned to desk duty after the shooting.
Smith said the long process of getting the video released argued against Emanuel’s claims of government transparency.
“I don’t think there will be rioting in the streets”. “I beg them to show me how they are – in facts”.
Dealing a blow to Emanuel’s position, the IL Attorney General’s Office released a five-page opinion Wednesday agreeing with Smith that Chicago police violated the FOIA by failing to release the video as requested. The ruling was signed by Assistant Attorney General Neil Olson, who determined it was not relevant that the shooting is still being investigated by federal and local authorities. The city has resisted, saying that it should not be released until all investigations are completed.
The officer, who has not been officially identified, has not been charged with a crime.
When another squad auto tried to block McDonald near Pulaski Road, Patton said, the suspect stabbed a vehicle tire and continued on. One of those two officers then opened fire and shot McDonald 16 times, all of it captured on videotape.
An autopsy showed that McDonald had PCP in his system. Van Dyke has been under criminal investigation by the FBI and federal prosecutors in relation to the incident.
Van Dyke denied that he acted improperly in each complaint.
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Activists, journalists and attorneys have been pushing for the video’s release for several months, especially after the family’s lawyers obtained the squad auto dashcam video and described what they saw: McDonald armed with a small knife and walking away from a group of police officers, and Officer Jason Van Dyke opening fire from about 15 feet and continuing to shoot after the teen fell to the ground.
