Laquan McDonald video reveals false police account – but still leaves gaps

Four hundred days after 17-year-old Laquan McDonald was shot and killed by a Chicago police officer as he ran-walked down the city’s Pulaski Road, dashcam footage was released Tuesday showing the entire fatal encounter.

The video’s release came just hours after Cook County state’s attorney Anita Alvarez announced that CPD officer Jason Van Dyke, who fired all 16 shots that struck Laquan, had been charged with first-degree murder. It was also preceded by a press conference from Chicago mayor Rahm Emanuel, who urged people to remain calm in reaction to the video, which he subsequently claimed not to have seen yet.

Had the mayor decided to watch, he likely would have found that despite its lack of audio, its graininess and its low lighting, the video reveals many important, troubling and instructive details about what happened that night. He would also likely have discovered that some questions about Laquan’s death reach far beyond the nearly seven-minute clip – and others remain unknown.

The officers made a poor tactical choice

When officer Van Dyke approached Laquan, who was running from other officers and in possession of a small folding knife, there was little or no consideration for maintaining a safe distance. Marq Claxton, the director of the Black Law Enforcement Alliance, said the officers’ rapid, close-proximity approach endangered the lives of both the teenager and the officers.

“Common sense mandates – and training dictates – that you maintain a safe distance, and take advantage of opportunities for cover and concealment,” Claxton said, adding that in many police shootings “the police actually create the extreme level of danger with bad tactics”.

According to Claxton, the shooting of Laquan McDonald is a clear example of this phenomenon: “Not only did you have an individual pretty isolated, it looked to be contained, but you as a professional responding to that have the advantage of time. There’s no reason to insist that something happens in one minute, two minutes or five minutes.”

The video footage, shot from the vehicle that followed directly behind the one Van Dyke was traveling in, instead shows his partner speed to the scene, apparently attempting to engage Laquan as quickly as possible. Van Dyke, riding in the passenger seat of the squad car, briefly – and prematurely – opens his door before the vehicle stops, which would have put him even closer to Laquan had he gotten out.

Claxton stressed de-escalation and the minimum possible level of engagement in these types of situations, as long as no civilians or other officers are in imminent danger. “A lot of times police officers will very quickly respond right to a location and immediately engage people when the idea should be to de-escalate. If you can bring the situation down and have the person comply eventually, then you win.”

The officers lied

The day after Laquan died, a police union official told the Chicago Tribune that he had “lunged at police” before the officer opened fire. The video shows the opposite. When Van Dyke’s patrol car speeds past Laquan to get in front of him, Laquan, who had been running, slows his jog to a shuffle. He also veers right, away from the highway’s centerline where he had been running, gaining a full lane – or roughly 10-15ft of separation – by the time he was shot.

When the squad car stops, both officers get out and immediately begin advancing on Laquan with their guns drawn. Van Dyke’s exit is briefly obscured by another CPD vehicle; by the time it pulls away just five seconds later, Van Dyke is seen advancing on Laquan with his gun drawn.

Within about seven seconds, Van Dyke had taken several steps toward Laquan and fired the first pair of shots. Though the shots cannot be heard and the muzzle flash isn’t visible, Van Dyke’s arm clearly bends from the recoil of his pistol.

Almost immediately, Laquan spins backward, either from the force of the first two shots, as a self-protective reflex, or perhaps both. He collapses, and the shots continue from Van Dyke’s weapon, hitting McDonald another 14 times as he lay on the ground.

There were no other officers or civilians in the direction of Laquan’s path away from Van Dyke, and there was no offensive or even sudden movement by Laquan until the first bullets had already struck his body. No other officers on the scene fired their weapons.

What we don’t know

And yet for all we do now know, there are still many things that the video cannot tell us. We do not know if officer Van Dyke will be convicted, especially given the high prosecutorial bar for first-degree murder. The Illinois statute requires prosecutors to demonstrate beyond a reasonable doubt that Van Dyke shot with no legal justification, and with the intent to kill.

We also don’t know what the surveillance footage from the nearby Burger King restaurant would have shown had it not disappeared. A Chicago NBC affiliate reported Tuesday that, according to the restaurant’s district manager, four officers spent three hours with the tape of the incident, and when they left 86 minutes, encompassing the entire shooting, had been erased. The camera is located roughly 100ft from where Laquan died.

“We had no idea they were going to sit there and delete files,” district manager Jay Darshane told NBC Chicago. “I mean, we were just trying to help the police officers.”

State’s attorney Alvarez announced Tuesday that forensic testing had discovered no tampering in the disappearance of the footage.

“If that tape was deleted by Chicago law enforcement professionals,” Claxton said, “now you’re talking about a conspiracy.”

Lastly, we don’t know why as Laquan lays dying, after the knife has been kicked away by Van Dyke’s partner, no officers came to his assistance. A full minute went by from the moment Laquan was disarmed to when the video ends without an officer getting so much as a yard closer to him, to even consider rendering aid.

Then again, given that according to Alvarez officer Van Dyke was reloading his service weapon after the 16th bullet had struck Laquan’s body, maybe we do know. Laquan McDonald, 17 years old, disarmed and riddled with 16 bullets, was still, in his dying moments, perceived as a threat.

• This article was amended on 25 November 2015. The original misidentified Anita Alvarez as the state’s attorney for Lake County; she is the state’s attorney for Cook County. The original also mistakenly suggested officer Van Dyke was driving the squad car to the scene – he was a passenger.