Former Chicago Police Officer Jason Van Dyke Set To Be Released From Prison, Much To Disappointment Of Activists And Laquan McDonald's Family

CHICAGO (CBS) -- Less than three and a half years after being taken into custody for the murder of Laquan McDonald, Jason Van Dyke is about to be a free man.

The former Chicago Police officer is set to be released from prison sometime on Thursday. But as CBS 2 Investigator Megan Hickey reported, the details of Van Dyke's release have been shrouded in secrecy.

For example, his current location — and his location for at least the last two years — has been kept private.

Legal experts say Van Dyke is getting special treatment, but there are reasons to be concerned about his safety.

"The story of Laquan McDonald has been the kind of a framing narrative for an era in Chicago life," said journalist Jamie Kalven of the Invisible Institute.

Kalven arguably knows the Laquan McDonald story better than anyone.

"I broke the story based on a tip from somebody in law enforcement," he said.

The dash cam video from 2014 showed 17-year-old McDonald walking away from police at 40th Street and Pulaski Road, when McDonald shot him 16 times.

On Oct. 5, 2018, Van Dyke was found guilty of second-degree murder and 16 counts of aggravated battery with a firearm. He was sentenced to 81 months in the Illinois Department of Corrections.

With day-for-day credit for each day served, that means he walks free this week.

"If Jason Van Dyke is released, this will set us back years upon years upon years," said activist William Calloway.

Indeed, Van Dyke's release is coming much to the dismay of many activists, city leaders, and some members of McDonald's family.

"It just hurts so bad that we have to go through this here, and know that this young man is going to walk and go home to his family," said Tracie Hunter, McDonald's grandmother.

Kalven says he understands why.

"If people felt like in the aftermath of the case there had been really fundamental change - and that that change was actually gaining momentum going forward - then I think the release of Van Dyke would be almost a curiosity rather than the focus of so much passion and frustration," he said.

Community leaders have recently renewed calls for the U.S. Department of Justice to bring federal civil rights charges against Van Dyke. On Monday, a spokesperson for U.S. Attorney John Lausch declined to comment on that push.

Plans for rallies and protests are already in the works. A rally is planned in Federal Plaza on Thursday, and Hickey is told plans for other rallies or protests are also in the works.

"We need every activist, every person, every brother to shut it down, shut it down," an activist said.

Kalven agreed that the length of the sentence was "frustrating," but says Van Dyke's release marks an important point for reflection.

"If that space that had opened up post-Laquan McDonald had been really inhabited by our institutions rising to the challenge and creating the change that was promised, then I think this moment would have a different feeling," he said.

IDOC would not confirm where Van Dyke is currently being held. Gov. JB Pritzker's office issued this statement:

"This country has had an unequal system of justice for different groups of people for far too long. The Governor's administration has undertaken the work of restoring equity in our criminal justice system while giving officers resources they need like body cameras, training and mental health services. He respects the independence of the U.S. Attorney."

As to the details of Van Dyke's release, we really don't know very many right now. For most inmates, it is easy to look up their whereabouts on the IDOC website - but Van Dyke does not show up in the database right now.

CBS 2 Legal Analyst Irv Miller said that is not protocol, but he has seen it in other high-profile cases like that of Drew Peterson.

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