By Curtis Black, Chicago Reporter

25 November 15

t was just about a year ago that a city whistleblower came to journalist Jamie Kalven and attorney Craig Futterman out of concern that Laquan McDonald’s shooting a few weeks earlier “wasn’t being vigorously investigated,” as Kalven recalls. The source told them “that there was a video and that it was horrific,” he said.

Without that whistleblower—and without that video—it’s highly unlikely that Chicago Police officer Jason Van Dyke would be facing first-degree murder charges today.

“When it was first reported it was a typical police shooting story,” Kalven said, where police claim self-defense and announce an investigation, and “at that point the story disappears.” And, typically, a year or 18 months later, the Independent Police Review Authority confirms the self-defense claim, and “by then no one remembers the initial incident.”

“There are an average of 50 police shootings of civilians every year in Chicago, and no one is ever charged,” said Futterman. “Without the video, this would have been just one more of 50 such incidents, where the police blotter defines the narrative and nothing changes.”

Last December, Kalven and Futterman issued a statement revealing the existence of a dash-cam video and calling for its release.  Kalven tracked down a witness to the shooting, who said he and other witnesses had been “shooed away” from the scene with no statements or contact information taken.

In February, Kalven obtained a copy of McDonald’s autopsy, which contradicted the official story that McDonald had died of a single gunshot to the chest. In fact, he’d been shot 16 times—as Van Dyke unloaded his service revolver, execution style—while McDonald lay on the ground.

The next month, the City Council approved a $5 million settlement with McDonald’s family, whose attorneys had obtained the video. They said it showed McDonald walking away from police at the time of the shooting, contradicting the police story that he was threatening or had “lunged at” cops. The settlement included a provision keeping the video confidential.

“The real issue here is, this terrible thing happened, how did our governmental institutions respond?” Kalven said.  “And from everything we’ve learned, compulsively at every level, from the cops on the scene to the highest levels of government, they responded by circling the wagons and by fabricating a narrative that they knew was completely false.”  To him this response is “part of a systemic problem” and preserves “the underlying conditions that allow abuse and shield abuse.”

<iframe width=”640″ height=”360″ src=”https://www.youtube.com/embed/WBOZADnf8es” frameborder=”0″ allowfullscreen></iframe>

In April, the Chicago Tribune reveale  d Van Dyke’s name and his history of civilian complaints—including several brutality complaints, one of which cost the city $500,000 in a civil lawsuit—none of which resulted in any disciplinary action. In May, Carol Marin reported that video from a security camera at a Burger King on the scene had apparently been deleted by police in the hours after the shooting.

“This case shows the operation of the code of silence in the Chicago Police Department,” said Futterman. “From the very start you have officers and detectives conspiring to cover up the story. The question is, why are they not being charged?”  SOURCE