Jason Van Dyke Trial: Partner called to stand on second day of testimony

Tuesday, September 18, 2018
Jason Van Dyke Trial: Partner called to stand on second day of testimony
Prosecutors called Van Dyke's partner on the night of the Laquan McDonald shooting to the stand Tuesday.

CHICAGO (WLS) -- Testimony continued Tuesday during the second day of the murder trial of Chicago Police Officer Jason Van Dyke.

The state called Officer Joseph Walsh to the witness stand, and the judge kept his testimony from being televised. Walsh was Van Dyke's partner in 2014 on the night of the Laquan McDonald shooting.

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

Officer Walsh is one of three officers charged with conspiracy to derail the investigation into Van Dyke. He was granted immunity for his testimony Tuesday.

Laquan McDonald Shooting, Jason Van Dyke Case Timeline

Walsh testified that his former partner "made a step forward" toward McDonald, but Walsh backpedaled to create distance because McDonald "was too close."

Prosecutor: "When Laquan McDonald was on the ground, what did your partner do?"

Walsh: "He was firing."

Prosecutor: "Did you fire your weapon?"

Walsh: "No."

Prosecutor: "Could you have fired your weapon?"

Walsh: "Yes."

Under cross examination, Walsh was asked by one of Van Dyke's attorneys, "He was a danger? Was he not?" Walsh responded that he believed McDonald was.

Walsh also testified that there were no pedestrians nearby and there was no reason to believe anyone from the public was on the other side of the fence along Pulaski.

Two officers who were also at the scene testified Monday, both did not fire their weapons, as several patrol cars had McDonald cornered.

Dash camera video showing Van Dyke firing 16 times as McDonald who was armed with a small knife appears to walk away.

Key players in the trial of Chicago Police Officer Jason Van Dyke

Prosecutor: "Did you see him see him raise his arm as if he was attempting to stab anyone?"

Chicago Police Officer Dora Fontaine: "No"

Prosecutor: "Did you see him attack anyone?"

Officer Fontaine: "No"

Another officer who took the stand also poked holes in the defense's argument saying he and his partner felt protected for the most part inside their patrol car and that they were just trying to buy time until someone could arrive with a Taser.

Jurors viewed videos of the scene several times Tuesday, including video from a squad car bringing the requested Taser to the scene. But when those officers arrived, McDonald was already on the ground.

Jurors also saw video of Van Dyke's gun, a 9mm semiautomatic Smith and Wesson, and viewed crime scene photos in which yellow tents marked the spent bullet casings. They were also shown the blood-soaked clothes McDonald wore at the time of his death.

A civilian witness testified that he had an unobstructed view of the scene. Xavier Torres told jurors he saw McDonald shot on Pulaski, and saw the teenager shot more times after he was on the ground.

Prosecutor: "While he was standing did you see any threatening movements?"

Torres: "No."

Prosecutor: "Did he direct any movements to police officers?"

Torres: "No."

Prosecutor: "What did it appear was he doing when he was walking southwest?"

Torres: "Again, it looked like he was trying to get away from the officers."

Jurors were also shown slowed-down video of McDonald being shot that was enhanced with arrows by an expert, but that testimony was thrown out on a technicality.