Illinois Department Of Corrections Says Jason Van Dyke Is In Their Custody, But Won't Say Where; Sens. Durbin, Duckworth Want Update On Possible Federal Case Against Van Dyke
CHICAGO (CBS) -- Illinois prison officials said Tuesday that indeed they do have former Chicago Police officer Jason Van Dyke in their custody.
Van Dyke was convicted four years ago of the murder of Laquan McDonald in 2014.
The Department of Corrections said in a statement Tuesday: "Jason Van Dyke is in the custody of the Illinois Department of Corrections. For safety and security purposes, the Department cannot disclose any information regarding his current location or pending release from IDOC custody."
This means it is not clear whether Van Dyke is actually in Illinois – only that he is in IDOC custody.
Van Dyke is scheduled to be released from prison this week. As of Monday, it was unclear not only where he was being held, but whether he was in custody at all.
Former Kane County State's Attorney Joe McMahon, who led the prosecution against Van Dyke, said Monday that IDOC has clouded Van Dyke's release in secrecy — giving the family and the public reason to be skeptical.
"Their refusal to even acknowledge whether he is in their custody, I think, breeds distrust," McMahon told CBS 2's Charlie De Mar Monday night.
In 2018, Van Dyke was sentenced to 81 months for shooting and killing McDonald four years earlier. The former Chicago cop was to serve his time in the Illinois Department of Corrections.
With credit for each day served, Van Dyke's sentence will expire this week - a disappointment for some activists and members of McDonald's family.
McDonald's family has been notified that a release date has been set for later this week. But details remain sketchy.
Meanwhile, Illinois U.S. Sens. Dick Durbin and Tammy Duckworth on Tuesday issued a joint letter to U.S. Attorney General Merrick Garland asking for an update on the federal investigation into the McDonald case.
"In April 2015, the U.S. Attorney's Office announced a joint federal and state investigation into the shooting; however, there was never an announcement that the federal investigation had closed after Van Dyke was convicted of state charges. In October 2019, when activists called for federal civil rights charges against Van Dyke and other officers involved in the cover up of the murder, the U.S. Attorney's Office declined to state whether the federal investigation was still ongoing or closed. Last week, the U.S. Attorney's Office again declined to comment on the status of the investigation," the Senators wrote.
"Van Dyke's state conviction and sentencing do not preempt or negate the interest of the federal government, if the evidence supports charging Van Dyke with violating McDonald's civil rights under Section 242 of Title 18," the Senators continued in the letter.
Cook County State's Attorney Kim Foxx also wants to see federal action.
"The sentence that was put down for Jason Van Dyke does not meet the crime, and if there's an ability to do something on the federal level, then by all means, something should be done," Foxx said.
Duckworth and Durbin also brought up former Minneapolis police Officer Derek Chauvin, who is now serving a 22-year prison sentence after being convicted of the murder of George Floyd at the state level, but also then pleaded guilty to federal civil rights charges.
The senators said Chauvin's conviction at the state level did not preclude federal charges, and there is no reason the same should not be the case for Van Dyke.
The Senators went on to convey the importance of federal civil rights investigations, noting that former Minneapolis police officer Derek Chauvin is now serving a 20 year prison sentence for pleading guilty to federal civil rights charges for his willful use of unreasonable force that resulted in the death of George Floyd.