Page 6 - ARUBA TODAY

A6 U.S. NEWS
Tuesday 12 February 2019

Prosecutors seek new sentence in Laquan McDonald case

By DON BABWIN charge because it is more
CHICAGO (AP) — Prosecu- serious than second-de-
tors on Monday asked Illi- gree murder doesn't make
nois' highest court to review sense.
the less than seven year "It's common sense that
prison sentence for the the lesser harm of getting
white Chicago police offi- shot would merge into the
cer who fatally shot black greater harm of getting
teenager Laquan McDon- killed," O'Brien said.
ald — an unusual move in At the January sentenc-
what was already a rare ing hearing, Van Dyke,
case. Gaughan, too, had said
Illinois Attorney General it was "common sense"
Kwame Raoul and the spe- that second-degree mur-
cial prosecutor who won a der was the more serious
murder conviction against charge, calling it an "easy
former officer Jason Van answer."
Dyke, Kane County State's Prosecutors in their legal
Attorney Joseph McMa- filing pointed to a 2004 Illi-
hon, said they believe nois Supreme Court ruling in
Cook County Judge Vin- which a majority of justices
cent Gaughan improperly concluded that aggravat-
applied the law last month ed battery is the more seri-
when he sentenced Van ous charge because it car-
Dyke to six years and nine ries a stiffer penalty.
months in prison. Raoul and Prosecutors cannot directly
McMahon filed a request appeal a sentence but are
with the Illinois Supreme seeking what is called a
Court seeking an order that writ of mandamus, which
could ultimately result in the can result in an order from
court forcing Gaughan to the Illinois Supreme Court
impose a longer sentence. telling a judge to adhere to
"This is the first step in asking the correct law.
the court to declare that "This is the only way for us to
the trial court improperly challenge the legality of a
sentenced Jason Van Dyke Attorney General Kwame Raoul, left, and Kane County State's Attorney Joseph McMahon hold a sentence," McMahon told
for the murder and aggra- news conference Monday, Feb. 11, 2019, in Chicago. reporters.
vated battery of Laquan Associated Press Absent a new sentence,
McDonald and to order a Van Dyke will likely serve
new sentencing hearing," Dyke firing 16 bullets into to sentence a person for steered clear of saying only about three years, with
Attorney General Kwame McDonald, some of them only the most serious crime whether they believed the credit for good behavior.
Raoul said at a news con- after the 17-year-old fell to when he is convicted of sentence was too short. But Van Dyke's attorneys have
ference. the ground. multiple crimes for what McMahon had argued in notified the court of plans
Monday's court filing was The sentence for Van Dyke amounts to a single act. court documents ahead to appeal the conviction,
the latest chapter in an was the first imposed on a Gaughan determined that of the January hearing that but O'Brien declined to dis-
ongoing saga that has in- Chicago police officer for second-degree murder Gaughan should impose cuss what arguments they
cluded massive demon- an on-duty shooting in a was the more serious crime, a sentence of at least 18 may make.
strations, the firing of the half century. It followed a although it carries a lighter years in prison. Defense at- Raoul took office in Janu-
police superintendent by jury's decision in October to sentence than aggravated torneys had sought proba- ary, and Van Dyke's at-
the mayor and the ouster convict the officer of sec- battery. The murder charge tion. torneys have decried the
of the county's top pros- ond-degree murder and 16 calls for a sentence of be- One of Van Dyke's attor- decision to review the sen-
ecutors by voters a few counts of aggravated bat- tween four and 20 years in neys, Darren O'Brien, said tence as a political stunt.
months later. Police video tery with a firearm. prison, compared with six Monday that prosecutors' Raoul bristled at that sug-
of the shooting that the The central issue in pros- to 30 years in prison for ag- contention that the judge gestion. "This is not a politi-
city released in 2015 under ecutors' petition is an Illinois gravated battery. should sentence Van Dyke cal question," he said. "This
court order showed Van law that allows a judge Both Raoul and McMahon on the aggravated battery is a question of law."q