Raoul, McMahon ask Supreme Court to order new sentencing for Van Dyke in shooting death of Laquan McDonald
Kane County State's Attorney Joseph McMahon and Illinois Attorney General Kwame Raoul held a joint press conference Monday announcing their plan to challenge the sentence of former Chicago Police Officer Jason Van Dyke who was convicted in the 2014 death of 17-year-old Laquan McDonald.
Raoul said the attorney general's office, along with McMahon, filed a petition for writ of mandamus with the Illinois Supreme Court in the case.
"This is the first step in asking the court to declare that the trial court improperly sentenced Van Dyke for murder and aggravated battery of Laquan McDonald," Raoul said at the press conference.
Raoul said they want the Supreme Court to order a new sentencing. "The state cannot appeal in a criminal place and this is our only recourse," Raoul said.
Raoul said the petition argues that if the Supreme Court orders a new sentencing hearing, it should order the judge to follow precedence in all 16 counts of battery.
"My office will collaborate closely with McMahon," Raoul said. "It is the interest of justice that we do all in our power."
Van Dyke was sentenced to 81 months in prison by Cook County Circuit Judge Vincent Gaughan last month. Van Dyke was the first officer in Chicago to be convicted of murder in nearly 50 years, according to the New York Times.
McMahon, who served as special prosecutor in the case, said the petition was the first step in their effort to make sure the law is applied equally to this case like every other case.
"I am satisfied with the sentence but we need to take a step back and evaluate the law and how the sentence was imposed," McMahon said.
McMahon said he wanted to make sure Gaughan followed the law and court precedent.
Raoul and McMahon's petition asks for Van Dyke's sentence to include all 16 counts of aggravated battery if a new sentencing is ordered.