Jason Van Dyke won't face federal charges in shooting of Laquan McDonald

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Former Chicago cop Jason Van Dyke will not face federal charges for murder of Laquan McDonald

Former Chicago Police Officer Jason Van Dyke will not face federal charges for the murder of 17-year-old Laquan McDonald, U.S. Attorney John Lausch’s office confirmed in a highly unusual statement Monday.

Former Chicago Police Officer Jason Van Dyke will not face federal charges for the murder of 17-year-old Laquan McDonald, U.S. Attorney John Lausch’s office confirmed in a highly unusual statement Monday.

"U.S. Attorney Lausch has spoken with a representative of Mr. McDonald’s family on multiple occasions over the past three years. … The family was in agreement not to pursue a second prosecution, and the office respects their position," the announcement read.

The seven-paragraph statement also cited Van Dyke’s 81-month prison sentence — of which he served more than three years — as well as the consent decree prompted by McDonald’s death that now governs the Chicago Police Department.

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"There is a significant prospect that a second prosecution would diminish the important results already achieved," Lausch’s office said.

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Jason Van Dyke, ex-Chicago cop who killed Laquan McDonald, released from prison

Former Chicago police Officer Jason Van Dyke left prison on Thursday after serving less than half of his nearly seven-year sentence for killing Black teenager Laquan McDonald.

The feds noted that "a federal trial would not be a retrial of the state case. There is no general murder charge under federal law that would apply. Federal prosecutors would need to prove to a jury beyond a reasonable doubt that Mr. Van Dyke willfully deprived Mr. McDonald of a constitutional right."

Prosecutors would have to prove Van Dyke’s actions "were not the result of mistake, fear, negligence, or bad judgment," it continued.

"It requires federal prosecutors to prove beyond a reasonable doubt what Mr. Van Dyke was thinking when he used deadly force, and that he knew such force was excessive," the statement read. "The federal law presents a very high bar — more stringent than the state charges on which Mr. Van Dyke was convicted."

Van Dyke left prison in February following his 2018 state-court conviction for second-degree murder and 16 counts of aggravated battery — one for each bullet he fired at McDonald on Oct. 20, 2014.