Prosecution rests in Jason Van Dyke trial

CHICAGO — Prosecutors rested their case Thursday in the trial of Jason Van Dyke, the Chicago police officer charged with murdering Laquan McDonald.

Defense attorneys are expected to begin presenting witnesses Monday.

Jurors on Thursday heard from a ballistics expert who said it would take a "deliberate and methodical" approach to fire 16 shots in the timespan seen in dashcam video of the McDonald shooting, which happened Oct. 20, 2014.

An expert on deadly force said there was no reason to fire 16 shots and that, "the risk posed by Mr. McDonald did not rise to the necessity of using deadly force to stop it."

A witness to the shooting again hammered home for prosecutors the idea that Van Dyke fired too many times: "Why the f--- are they still shooting him if he's on the ground?"

Van Dyke's attorneys will begin mounting their defense Monday as testimony continues at the Leighton Criminal Court Building, 2650 S. California Ave.

Van Dyke, 40, is charged with first-degree murder, official misconduct and aggravated battery.

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1:30 p.m. Judge denies motion for directed verdict

Lead defense attorney Dan Herbert asked Cook County Judge Vincent Gaughan for a directed verdict. That's when a defense team argues the state has failed to meet its burden and that the case should be tossed.

The request is common but rarely granted. In 2015, it was a directed verdict that led to the acquittal of Chicago police Officer Dante Servin, who was charged with manslaughter for fatally shooting 22-year-old Rekia Boyd in 2012. Servin had been off-duty and was firing into a crowd when she was killed.

Herbert on Thursday said, "The state had the burden of proof in their case that Jason Van Dyke had the intent to do this, to commit the murder. They haven’t done anything to prove the defendant's state of mind. There's no evidence he acted with that intent."

Prosecutor Joseph Cullen countered that "a police officer can kill an individual, but he doesn't have an unlimited right to kill an individual."

Gaughan denied the request. The defense will begin presenting witnesses Monday morning.

Prosecuting attorney Joseph Cullen speaks during the trial for the shooting death of Laquan McDonald, at the Leighton Criminal Court Building, Thursday, Sept. 20, 2018. (Antonio Perez/pool/Chicago Tribune)

1:20 p.m. The prosecution rests

After presenting 24 witnesses over four days, the prosecution rests its case.

12:45 p.m. 'Why the f--- are they still shooting him if he's on the ground?'

Jose Torres testified that McDonald was walking away from police when Van Dyke opened fire. Torres was taking his son, who testified Tuesday, to a North Side hospital when the pair came upon police activity at 41st Street and Pulaski Road.

Torres heard gunshots and saw McDonald fall to the ground: "There was a pause and he wasn't moving for a little bit. Laquan, he made movements, and 10 more gunshots started coming after that. He seemed like he was in pain."

Prosecutors asked Torres how many shots he heard.

"Enough to upset me."

Torres recalled asking his son, "Why the f--- are they still shooting him if he's on the ground?"

Witness Jose Torres testifies during the trial for the Jason Van Dyke trial for the shooting death of Laquan McDonald at the Leighton Criminal Court Building on Thursday, Sept. 20, 2018. Torres said he had an unobstructed view of Van Dyke shooting Laquan McDonald. (Antonio Perez/pool/Chicago Tribune)

12:20 p.m. Van Dyke did not need to use deadly force, expert says

A former FBI agent and Navy veteran who is an expert on deadly force said, "The risk posed by Mr. McDonald did not rise to the necessity of using deadly force to stop it."

Urey Patrick, who was with the FBI from 1973 to 1997, has trained thousands of state and federal law enforcement officers in the use of force. He said force is necessary when there's an imminent threat or when an armed dangerous suspect might escape.

Neither was the case with McDonald, Patrick testified.

"He [McDonald] is a risk, there’s no question," Patrick said. "He’s been noncompliant and he's armed with a knife. [But] there’s nobody within reach of him, and he couldn’t reach anyone on the scene. That minimized the direct risk that he presented."

Patrick also took issue with how many shots were fired.

He said that while officers are trained to continue shooting until a threat is over, "they're not trained to just empty their gun." A "small spillover" of two or three extra shots is normal in police shootings, Patrick said, but there was no reason for Van Dyke to continue to shoot when McDonald was on the ground.

"When he went down, the shooting should've stopped at that point or within a second or so."

During cross-examination, Herbert brought up the 21-foot rule, Patrick's own assertion that if someone with a knife rushes an officer from anywhere up to 21 feet — and the officer's gun is still holstered — the person with the knife "will win every time."

Patrick said it wasn't relevant that Van Dyke reloaded his gun on the scene because that's standard training. It also didn't matter, Patrick said, that other officers chose not to fire. Van Dyke had a different viewpoint.

Urey Patrick, a use-of-force expert hired by prosecutors, testifies during the Jason Van Dyke trial for the shooting death of Laquan McDonald at the Leighton Criminal Court Building on Thursday, Sept. 20, 2018. (Antonio Perez/pool/Chicago Tribune)

11 a.m. Gun fired at 'deliberate and methodical' rate

Van Dyke needed to exert 8.1 pounds of pressure each of the 16 times he fired his gun on Oct. 20, 2014, an FBI ballistics expert said Thursday.

With some guns, a shooter only needs to apply pressure for the first shot, Scott Patterson said. But with Van Dyke's Smith & Wesson handgun, model No. 5943, "all of the trigger presses would’ve felt the same" for the officer.

Patterson said it's impossible to tell from dashcam video of the fatal shooting exactly when each shot was fired. There's no audio, and squad car lights prevent a clear view of the gun. Had there been sound, he said, "We could’ve timed the sequence between the first shot and the last shot."

Still, certain visual cues are helpful. Officers can be seen flinching, likely signaling that Van Dyke had opened fire. Patterson, who works in a ballistic research facility, said it's common to flinch when you're not expecting to hear gunshots: "It ‘s loud, and quite frankly, painful, when that shot goes off."

Patterson testified that 14.2 seconds pass from the first visual evidence of Van Dyke's gun being fired to the last. McDonald was on the ground for 12.6 of those seconds.

Jurors were shown video of an FBI agent test-firing 16 shots at a stationary target at different speeds. Moving as fast as possible, the agent was able to fire 16 shots in 3.77 seconds. But spread out over 14.2 seconds, the agent moved at a "deliberate and methodical" rate.

Patterson was the state's 22nd witness to testify. He said the "puffs of smoke" seen in dashcam footage are actually dust, debris or bullet fragments sent upward when bullets hit the ground.

Scott Patterson, an FBI ballistics expert, testifies during the fourth day of the trial for the Chicago police Officer Jason Van Dyke shooting death of Laquan McDonald at the Leighton Criminal Court Building on Thursday, Sept. 20, 2018. (Antonio Perez/pool/Chicago Tribune)