Defense Witness In Van Dyke Trial Says Laquan McDonald Tried To Stab Him
CHICAGO (CBS) -- On the trial's seventh day, Chicago Police Officer Jason Van Dyke's defense team presented evidence for a third day, though it's still unclear if the officer will testify on his own behalf in the shooting death of 17-year-old Laquan McDonald.
One of the officers who was at the scene of the shooting on Oct. 20, 2014, said McDonald appeared "deranged," and she believed he might have been holding a gun, but later learned it was a knife.
The defense tried to show McDonald was on a violent crime spree the night he was shot, and that Jason Van Dyke was forced to fire.
The man who first dialed 911 to report a teen breaking into trucks testified about his encounter today using an interpreter.
"He pulled out a knife and he wanted to hurt me," Rudy Barillas said. "He came towards me and he tried to stab me."
Chicago Police officer Leticia Velez testified she saw a deranged-looking Laquan McDonald walking down the street with a shiny object.
"I'm trying to say, it looks like he has a gun, just be careful, he's holding something by his side," Velez said.
The officer testified her concern was great enough to cause her to draw her gun.
A police academy instructor told jurors officers are trained to use deadly force when warranted in certain situations.
Another witness who took the stand today, a Chicago police sergeant who once worked with Van Dyke, told jurors about a weapon police were warned about in 2012 described as a knife with a .22-caliber revolver in its handle.
Sgt. William Schield also acknowledged he's never recovered a knife with a revolver hidden inside.
Closing arguments are expected to begin next week.
Here's a rundown of what happened in court today:
1:32 p.m.
Wednesday's final witness, Dr. Jeremy Slayton, a trauma surgeon at Mt. Sinai Hospital, testified about attempts to save Laquan McDonald when he arrived in the emergency room. He said McDonald did not have any vital signs when he arrived, and he tried massaging McDonald's heart. When he opened McDonald's chest, he saw a bullet wound to his pulmonary artery, and said the teen had only a 1 percent chance of surviving that kind of catastrophic injury.
"If he had been shot with that injury right in front of us his chances of survival are very low," Slayton said.
Stayton says "If he had been shot with that injury right in front of us his chances of survival are very low." He says Laquan McDonald had a less than 1% chance of survival. Calls the wound "catastrophic." #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Dr. Teas previously testified that it's typical to attribute cause of death to multiple gunshot wounds if the person is shot more than once. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
1:15 p.m.
Defense attorneys called police academy instructor Yolanda Sayre to the stand. Sayre, an attorney, teaches officers about the legal justifications for police use of force, and Van Dyke's defense says he was in her class when he was in the academy.
Sayre is testifying about legal justifications for use of deadly force by an officer. She says the first reason, to prevent death or great bodily harm to self or another, is "the one every one remembers." There are 3 more only available to police. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
11:55 a.m.
Cook County Juvenile Detention Center employee Jackie Alexander testifies about an encounter with McDonald in 2014, when he refused to get into his cell. She said McDonald claimed he would "put a slug in the judge's head."
Next witness: Jackie Alexander who worked at the Cook County Juvenile Detention Center and was called to Laquan McDonald's cell in 2014 when he was refusing to go in his cell. She quotes McDonald saying he would "put a slug in the judge's head." #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
11:45 a.m.
Chicago Police Sgt. William Schield testified about a safety alert that went out in 2012, warning officers about a so-called "knife-gun," a knife capable of firing bullets. On cross-examination from prosecutors, Schield acknowledged he never recovered one in 27 years on the force, and doesn't know of any other officers who have.
CPD Sargeant William Schield testified about a safety alert that went out in 2012 warning officers of a knife that contained a gun in the handle. Schield says he has never recovered such a weapon in Chicago. Quick witness. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
11:35 a.m.
Truck driver Rudy Barillas, whose 911 call on Oct. 20, 2014 set off the series of events that led to Van Dyke shooting McDonald, testified Wednesday, with the assistance of a Spanish language interpreter.
Barillas testified he confronted McDonald at a truck yard at 41st and Kildare, after spotting the teen inside a truck.
"I told him I was going to call the police if he didn't leave," he said.
Barillas said McDonald tried to stab him, so he threw his phone at him, and McDonald came at him again, so he threw a handful of dirt and gravel at him. When Barillas called police, McDonald ran off.
However, Barillas never identified McDonald by name, referring to him only as a "male black" he saw in the truck yard.
On cross-examination, prosecutors made a point of stressing Barillas was able to defend himself from McDonald without needing a gun or police, even when McDonald came within three feet of him.
"So you were able to fend off this man with a cell phone and a hand full of rocks, right?" Assistant Special Prosecutor Joe Cullen said.
"Yes," Barillas said.
Rudy Barillas is on the stand now. He is the truck driver who made the 911 call the night Laquan McDonald was killed. Barillas is speaking with the help of an interpreter. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Barillas says he was with his wife and pulled up to the truck yard when he saw someone inside a truck. "I told him I was going to call the police if he didn't leave." Defense is queuing up his 911 call from that night. Technical difficulties now. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Barillas confirms that's his voice on the 911 call. He says the man in the truck got out and tried to stab him. He says he threw his phone at him and the man came at him again. Barillas says he threw a handful of dirt and gravel at the man. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Barillas describes Laquan McDonald's speech saying, "He couldn't talk. He was tongue-tied."
— Beth Bria (@BethBriaReports) September 26, 2018
Defense asks if it sounded like a growl.
Judge: "Mr. Rueckert, if you want to testify, we can swear you in."#VanDykeTrial @cbschicago
Prosecutor: When he got within 3 or 4 feet of you he did not touch you with the knife, did he?
— Beth Bria (@BethBriaReports) September 26, 2018
Barillas: I lunged away
Prosecutor: When you were reaching for the gravel he never plunged that knife into you, did he?
Barilla: No#VanDykeTrial @cbschicago
Prosecutor: You were able to fend off that young man with a cell phone and a handful of rocks?
— Beth Bria (@BethBriaReports) September 26, 2018
Barillas: Yes
Defense: So you were lucky?
Barillas: Yes#VanDykeTrial @cbschicago
Prosecutor: You were lucky you were facing a man who didn't want to stab you right?
— Beth Bria (@BethBriaReports) September 26, 2018
Barillas: I didn't know what his intentions were.#VanDykeTrial @cbschicago
10:37 a.m.
Wednesday's first witness is Chicago Police Officer Leticia Velez, who responded to the scene on the night of the shooting. She said McDonald appeared "deranged," and was not responding to any of the police activity around him.
"We had lights, we had sirens, and he was not looking our direction," she said. "There was nothing that was fazing him."
Velez said she noticed a "shiny object" in McDonald's hand, and told her partner she thought he might have a gun.
She also said the dashboard camera video of the shooting does not show her view of McDonald.
"It doesn't show his face. It doesn't show the look in his eye," she said.
CPD officer Leticia Velez testifies that #LaquanMcDonald looked deranged in the moments before he was shot dead by #JasonVanDyke @cbschicago
— Mike Puccinelli (@mikepuccinelli) September 26, 2018
She also says she was concerned McDonald might have had a gun because he was holding his side. #VanDykeTrial
Velez describes Laquan McDonald after she arrived on the scene saying "He looked deranged" and like he was "in a twilight." #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Velez describes Laquan McDonald after she arrived on the scene saying "He looked deranged" and like he was "in a twilight." #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Velez says she thought Laquan McDonald was carrying a gun, saying "I had believed that he had something on him." She describes him "holding his side." #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Velez just viewed the video where she says Laquan McDonald came within 3 feet of her vehicle before pulling away to make a u-turn. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Prosecution asks Velez if she didn't want to go to the call, saying she has testified she wanted to have dinner but her partner wanted to go to the call. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Velez said she wanted to get out of the car but her partner wanted to create distance and didn't believe it was safe to get out of the car. Then he made the u-turn. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Prosecution has asked several times if Laquan McDonald actually had a gun, and Velez responds she believed he did and did not learn he did not until after the shooting. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018
Under cross examination Velez says she saw Jason Van Dyke continue shooting after Laquan McDonald was on the ground. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) September 26, 2018