Van Dyke Testifies About Fatal Shooting Of Laquan McDonald; 'The Video Doesn't Show My Perspective'
CHICAGO (CBS)--Jason Van Dyke took the witness stand on Tuesday in his murder trial, telling jurors the infamous video of the shooting does not show what he saw when he shot and killed Laquan McDonald. Van Dyke insisted the teenager raised a knife across his body, prompting the officer to open fire.
CBS 2 has live trial updates all day.
2:50 p.m.
Barry Brodd, a defense expert on police use of force, told jurors he believes the shooting was justified.
Brodd: I feel that Officer Van Dyke's shooting of Laquan McDonald was justified. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
Brodd says he was confident Jason Van Dyke's first "volley" of shots was justified. But he originally had questions about the second volley. After talking to Van Dyke he believes "Officer Van Dyke was still under imminent threat by his observations" #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
Defense points out that Brodd is not as young as Laquan McDonald. "I'm 64 years old with a knee replacement," Brodd says. No more questions. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
2:20 p.m.
The prosecution is continuing to cross-examine Van Dyke, focusing questioning on the moments when McDonald is alleged to have raised the knife.
Asked where on the infamous dashboard camera video of the shooting he can see McDonald raising the knife, Van Dyke said, "The video doesn't show my perspective."
Van Dyke also testified he didn't have time to move behind his squad car to protect himself before shooting McDonald.
"There was no time to look for any barrier, and if I had backed up, I would have backed up against a wall," Van Dyke said, referring to his squad car. "In that six seconds, he got a lot closer to me than I ever could have gone away from him around the squad car."
He also insisted, although he can be seen on video moving closer to McDonald as he shoots, he believed at the time he was backing away.
"I thought I was backpedaling that night," he said. "What I know now and what I thought at that time are two different things."
Jason Van Dyke Takes The Stand In His Murder TrialVAN DYKE MURDER TRIAL: Van Dyke has taken the stand in his own defense.
Posted by CBS Chicago on Tuesday, October 2, 2018
1:50 p.m.
"What I know now and what I knew then are two different things," Van Dyke said on the witness stand.
The prosecution is cross-examining Van Dyke. An animated reenactment of the shooting that was originally presented by the defense was played multiple times, with the prosecution asking Van Dyke whether he made the decision to shop shooting that night.
"Yes I did," Van Dyke said. "Once I recognized that he hit the ground."
He said he re-assessed the situation once he lowered his weapon.
After I recognized the fact that he fell to the ground, I lowered my weapon. "After re-assessing the situation that had been it."
"I shot at that knife. I wanted him to get rid of that knife."
Van Dyke said he doesn't recall statements he made to detectives after the shooting.
"The whole thing was just--shocking to me," Van Dyke said.
The prosecution played a video that shows McDonald walking down the street while several feet away from the police vehicle Van Dyke said he opened the door of in an attempt to block McDonald,
"Did you know the taser was on the way?" the prosecution asked.
Van Dyke paused for several seconds before replying that he was unsure.
Jason Van Dyke says that Laquan McDonald was going back and forth over the dotted line in the middle of the road. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
Prosecution asks Jason Van Dyke if he said Laquan McDonald continued to point the knife after he was on the ground. "I don't remember what I said exactly immediately after this shooting. I was still in shock," Van Dyke says. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
VanDyke's father has eyes closed - head in hands as his son testifies about his encounter w/Laquan McDonald #vandyketrial @cbschicago
— Roseanne Tellez (@RoseanneTellez) October 2, 2018
1:30 p.m.
"His huge white eyes just staring right at me," Van Dyke said. "He never stopped advancing toward me."
Van Dyke said he got 10-15 feet away from McDonald, and "his eyes were bugging out and expressionless."
"He waved the knife across his lower right upwards across his shoulder toward my body," Van Dyke testified.
Standing up from the witness stand and holding his hands to mimic his grip on a gun, Van Dyke said he started yelling at McDonald repeatedly to drop the gun.
Breathing heavily, Van Dyke said, "I held my gun like this. I started to approach and started yelling at him to drop that knife."
Van Dyke said he shot at the knife and says he "wanted him to stay on the ground because it would be an easier position for us to take him into custody,"
Jason Van Dyke is taking deep breaths as he describes the moment of the shooting. "I could see him trying to push up," he says of Laquan McDonald on the ground. "I'm yelling at him drop that knife," he says. "And he never dropped it." #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
Jason Van Dyke describes arriving on the scene: "I started to open up my car door because I thought we were going to be able to knock him to the ground with the car door." #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
Jason Van Dyke Takes The Stand In His Murder TrialVAN DYKE MURDER TRIAL: Van Dyke has taken the stand in his own defense.
Posted by CBS Chicago on Tuesday, October 2, 2018
1 p.m.
Jason Van Dyke has taken the witness stand to testify in his own defense.
Describing the morning of the shooting of Laquan McDonald, Van Dyke says he had breakfast with his kids. He says he next went to work as a security guard at the Walmart in Cicero until 4 p.m., and went home and took a nap before reporting for his shift at the CPD at 9 p.m.
Jason Van Dyke worked for CPD from 2001 to 2014 before the shooting of Laquan McDonald. When asked if he's ever had to draw his gun, Van Dyke says "Unfortunately I've had to." #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
Jason Van Dyke just took the stand. He began going through his background including details about his children and his CPD background. We are in a quick recess for technical difficulties. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
12 p.m.
Miller says Jason Van Dyke originally said Laquan McDonald drew the knife across his chest several times but "in retrospect he says it was only one time."
— Beth Bria (@BethBriaReports) October 2, 2018
Prosecution asked if that means Van Dyke "stuck with his story." Judge: Stop the editorializing. #VanDykeTrial @cbschicago
On the stand Miller says "I don't know what Jason Van Dyke is going to say today." Could this mean we will be hearing from him on the stand? #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
11:45 a.m.
Judge Gaughan stopped testimony and held a man sitting in the media section in contempt of court for recording in the courtroom, a violation of the decorum order.
The prosecution is cross-examining psychologist Dr. Laurence Miller, who admitted Van Dyke's defense team pays him $10,000 per day of testimony.
Gaughan stopped testimony and held a man sitting in the media section in contempt of court for recording in the courtroom, a violation of the decorum order. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
Dr. Miller: My opinion is that on 10/20/14 Officer Jason Van Dyke responded to what he perceived was a deadly threat and responded in a way that based on his training was designed to neutralize that threat as he understood it. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018
10:09 a.m.
Court began Tuesday around 10:10 a.m., with the defense calling its first witness of the day, Dr. Laurence Miller, a psychologist. He is the 17th defense witness called since the trial began. The prosecution has called 24 witnesses during the trial.
Miller testified about what happens to the human brain during moments of stress or extreme threat.
"The memory for exactly what is taking place is not exactly what is the brain's priority at that point," Miller said. "In an emergency situation, if something's bad, you gotta do something--you've gotta escape, but you can't just escape--you have to neutralize the threat because that's your job."
Dr. Miller says people's brains tell you to do whatever you can to get yourself out of danger, but first responders go into danger and which will "heighten that danger, heighten that threat level." Judge Gaughan has accepted him as an expert witness. #VanDykeTrial @cbschicago
— Beth Bria (@BethBriaReports) October 2, 2018