NEWS

Judge orders special prosecutor in Laquan McDonald case

Aamer Madhani
USA TODAY
In this Oct. 20, 2014 frame from dash-cam video provided by the Chicago Police Department, Laquan McDonald, right, walks down the street moments before being shot by officer Jason Van Dyke in Chicago. A Cook County judge on Thursday, June 2, 2016, ordered a special prosecutor be appointed to handle the first-degree murder case against Van Dyke.

CHICAGO — A judge will appoint a special prosecutor to handle the case against a Chicago police officer charged with murder for the shooting death of 17-year-old Laquan McDonald.

Cook County Judge Vincent Gaughan announced the move Thursday, nearly a month after Cook County State’s Attorney Anita Alvarez asked that she and her team of prosecutors be recused from the high-profile case that triggered weeks of protests in Chicago late last year.

Alvarez lost a March primary after she faced an avalanche of criticism for how long it took her to charge Jason Van Dyke, the officer involved in the shooting.

A police dashcam video of the incident showed Van Dyke shot McDonald 16 times. The officer was charged 400 days after the incident, on the same day the city was forced by court order to release the disturbing video. McDonald, who was holding a small knife, appeared to be turning away from police officers when Van Dyke opened fire.

Alvarez defended her handling of the case, saying she decided to charge Van Dyke prior to the video’s release but was waiting for federal prosecutors to complete their investigation, which federal authorities have yet to conclude.

She initially dismissed a petition requesting a special prosecutor — filed in February by several prominent Chicago politicians, activists and family of McDonald — as a political stunt.

Prosecutor asks to recuse herself in Laquan McDonald case

But last month Alvarez asked Gaughan to appoint a special prosecutor to avoid any potential delays in Van Dyke's trial that could be caused by her leaving office at the end of the year.

Gaughan will first turn to the offices of the Illinois Attorney General, the State Appellate Prosecutors Offices, and then other state’s attorneys’ offices in other Illinois counties to take on the special prosecutor’s role.

If none of those agencies are able to make a special prosecutor available, Gaughan would seek an attorney from private practice.

After the release of the video in November, Attorney General Loretta Lynch launched a civil rights investigation of the police department’s practices. Chicago Mayor Rahm Emanuel also fired police superintendent Garry McCarthy amid public backlash over the case.

Daniel Herbert, an attorney for Van Dyke, said last month he was “indifferent” to the possibility of a special prosecutor taking on the case.

Follow USA TODAY Chicago correspondent Aamer Madhani on Twitter: @AamerISmad