Jason Van Dyke Trial: Defense prepares to present their case next week

Friday, September 21, 2018
Jason Van Dyke Trial: Defense prepares to present their case next week
The murder trial of Jason Van Dyke going into its third week.

CHICAGO (WLS) -- The murder trial of Jason Van Dyke going into its third week.

This week prosecutors showed jurors the police dashboard camera video of the shooting many times. Graphic photos of 17-year-old Laquan McDonald's injuries from 16 gunshots were also shown.

Van Dyke was on the scene only seconds before he fired the shots.

LIVE BLOG: Jason Van Dyke trial on Laquan McDonald murder charges

His partner testified that the video doesn't show their perspective and Van Dyke was protecting himself and others.

"At the end of the day it's those 12 people that decide to sign a guilty or not guilty verdict," said ABC7 Legal Analyst Bob Milan.

Milan, who is also a former Cook County Prosecutor, expects defense attorneys will want jurors to have the option of Second Degree Murder, which carries a shorter sentence. Van Dyke is charged with First Degree Murder, Aggravated Battery and Official Misconduct.

Laquan McDonald Shooting, Jason Van Dyke Case Timeline

"If there is evidence that Officer Van Dyke had a belief that he needed to use deadly force to defend himself for other, and that belief was unreasonable, then he's guilty of second degree," said Milan.

As Van Dyke's Defense team prepares to call witnesses on Monday, Milan expects Van Dyke will be among them.

"The only visual jurors have of Officer Van Dyke is firing 16 shots into Laquan McDonald," he said. "That's their only visual. It can't get any worse. So if I was representing him, I'd be strongly urging Officer Van Dyke to testify."

Testimony resumes Monday morning. Defense attorneys will call witnesses most of next week.

Closing arguments and jury deliberation would likely be the first week of October.

AFTER THE GAVEL: Bob Milan explains the difference between First and Second Degree Murder

Former prosecutor and ABC7 legal expert Bob Milan discusses explains the difference between 1st and 2nd degree murder and their sentences.