Motion to dismiss denied in Van Dyke case

CHICAGO — Cook County Judge Vincent Gaughan this morning denied a motion to dismiss first degree murder charges against police officer Jason Van Dyke in the shooting death of Laquan McDonald.

Defense Attorney Dan Herbert filed the motion based on prosecutorial misconduct.

During this morning’s hearing, Herbert argued Van Dyke was not given the same treatment as other officers because State’s Attorney Anita Alvarez was concerned about re-election.

Judge Gaughan said he found no official misconduct on Alvarez’s part and denied the motion.

Herbert said Van Dyke feared for his life in the confrontation with McDonald, so charges against Jason Van Dyke should be 2nd degree murder at best.

Kane County State’s attorney Joe McMahon who is now trying the case, argued the graphic video showing Van Dyke firing 16 shots at McDonald warrants the first degree murder charge.

The judge noted today’s motion was the third attempt by the defense to have the charges dismissed.