While we see it with far more frequency, itβs still not often that a cop goes on trial for an officer-involved shooting, and rarer still for that officer to receive a murder charge.
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In the cases when it does happenβparticularly if the victim is blackβthe playbook for the defense is simple: put the victim on trial.
That playbook was put into action on Monday, the opening day of the Chicago police Officer Jason Van Dykeβs trial. Van Dyke, who shot 17-year-old Laquan McDonald 16 times as the teen was walking away from police officers, says his use of force was justified because he feared for his life and the lives of the other officers on the scene.
Van Dykeβs defense hinges on making a Cook County juryβcomprising only one black personβshare that fear, despite the fact that other officers on the scene didnβt share it. All to place the blame for Laquanβs death squarely on the Chicago teenβs own shoulders. As the Chicago Tribune reports, Van Dykeβs attorney, Daniel Herbert, told the court during his opening statement, βthe story in this case is a story written, directed and orchestrated by one person: Laquan McDonald.β
He went on to say that Laquan was on a βwild rampage through the city,β telling jurors that the prosecution wanted them to βlook at the final chapter without reading the rest of the book.β
This was the defenseβs example of a βwild rampage,β according to the Tribune:
A woman who called 911 to report McDonaldβwho was later determined to be on PCPβhad asked to borrow her car in the middle of the previous night. Herbert also told the jury that McDonald had been using a disabled retired veteranβs public transit card throughout the city.
Laquan asked to borrow a car in the middle of the night. Laquan used a metro card that wasnβt his. Laquan McDonald held a small folding knife. This is all it takes to classify a black teen as βwild,β and to paint him as the architect of his own murder.
The one thing Laquan canβt be called, by the judgeβs own ruling, is a βvictimβ (though Cook County Judge Vincent Gaughan decided that it could be permissible in closing arguments).
βCertainly, there is a person thatβs dead as a result of this tragic situation but that doesnβt mean that the person is a victim legally,β Judge Gaughan said in August.
What a reliable playbook it is.
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