Justice Department launches Chicago police probe

Show Caption Hide Caption Feds to investigate Chicago Police over shooting Attorney General Loretta Lynch says the Justice Department will investigate the patterns and practices of the Chicago Police Department and its use of deadly force. (Dec. 7)

WASHINGTON — The Justice Department has opened a broad investigation to determine if the Chicago Police Department's patterns and practices have violated the Constitution or federal law, U.S. Attorney General Loretta Lynch said Monday. The move comes in the wake of the release of a disturbing police dashcam video that shows a white police officer shooting a black teen 16 times.

Lynch said the investigation, separate from the department's ongoing review of last year's shooting of Laquan McDonald, will focus on the agency's use of force, including "racial, ethnic and other disparities."

"Every American expects and deserves the protection of law enforcement that is effective. responsive, respectful and most importantly constitutional," Lynch said. "Our goal in this investigation is not to focus on individuals but to improve systems."

A formal request for such an inquiry came last week from the state attorney general, Lisa Madigan, as well as Sen. Dick Durbin, a Democrat and the state's senior U.S. senator. It is rare for the Justice Department not to act on such public requests for assistance.

Lynch said the investigation, which is expected to take months, will also examine CPD's accountability, including its disciplinary actions and its handling of allegations of misconduct.

Chicago Mayor Rahm Emanuel initially said such an investigation would be "misguided" until a federal criminal probe of the shooting death of 17-year-old McDonald by officer Jason Van Dyke is completed. But Emanuel quickly changed course and said he would welcome federal involvement.

Emanuel on Wednesday said he welcomed the Justice Department investigation that he said will ultimately "create a stronger, better police department." He added that he's not waiting for the DOJ to make recommendations and has already taken some steps to bolster trust in the police force, including creating a blue ribbon task force on police accountability and announcing a plan to expand the use of body cameras to a third of the city's force next year.

"We welcome it, accept it and need it," Emanuel told reporters of the Justice investigation. "It's in our self-interest as a city. We are at an inflection point."

Release of the video nearly two weeks ago touched off days of protests in Chicago and calls for the resignation of Emanuel and Cook County State's Attorney Anita Alvarez.

Chicago police chief fired after video release Chicago Mayor Rahm Emanuel announced Tuesday that he has fired the city's police superintendent, citing a loss of public trust. The move comes a week after the release of a video showing a Chicago officer shooting a black teen 16 times. (Dec. 1)

Critics have taken aim at Emanuel, who for months resisted release of the October 2014 video that shows Van Dyke repeatedly pumping shots at McDonald even after he lay on the ground, saying the mayor was complicit in a cover-up of the shooting. Emanuel cited ongoing federal and criminal probes as reason to withhold release of the police video, but some critics say the mayor, who won a tough reelection battle in April, benefited politically from delaying the video.

Zachary Fardon, U.S. attorney for Northern Illinois, said Monday that his office's criminal investigation of the criminal probe of the McDonald shooting continues, but declined further comment.

Protesters have questioned why it took Alvarez 13 months to bring first-degree murder charges against Van Dyke, which she announced on the same day the dashcam video was released. Both elected officials say they won't resign.

Police and police union officials initially said that Van Dyke was forced to fire after McDonald, who was holding a knife and had PCP in his system, lunged at the officer. But the video appears to show that McDonald was veering away from Van Dyke when he was shot.

On Friday, the city released police statements that show Van Dyke and at least five other officers offering narratives of what happened that starkly differ from what is seen in the video.

"In defense of his life, Van Dyke backpedaled and fired his handgun at McDonald, to stop the attack," according to the report from Van Dyke's initial interview with investigators. "McDonald fell to the ground but continued to move and continued to grasp the knife, refusing to let go of it."

Officer Joseph Walsh, Van Dyke's partner, said that he "backed up" as McDonald got to within 12 to 15 feet of the officers and "swung the knife toward the officers in an aggressive manner."

In a letter to U.S. attorney general Lynch last week, Madigan said her concerns about CPD use-of-force practices went beyond the McDonald case.

In her letter she noted several other cases that have drawn public concern:

In October 2014, Det. George Hernandez shot and killed Ronald Johnson, 25. Police said after the incident that Johnson pointed a gun at them. But Michael Oppenheimer, the Johnson family attorney, said that a police video of the incident shows that Johnson did not have a weapon and was running away from police when he was shot. Emanuel had also resisted release of the Johnson video, but has changed course and announced the city would release the video this week.

In August 2014, former Commander Glenn Evans was charged with aggravated battery and official misconduct for allegedly sticking his gun into the mouth of a suspect. Evans was promoted to commander in 2012 despite being the subject of more excessive force complaints than any other Chicago police officer.

In December 2013, Officer Marco Proano shot over 12 rounds into a car filled with unarmed teenagers, injuring three people. Proano, who continues to work for CPD as the independent review board investigates the incident, said that he feared for his life. A police dashcam video, however, does not show any threats to the officer or passengers.

The Obama administration has launched similar investigations of police departments in several other cities, including ones that are currently underway in Seattle; Pittsburgh; Cleveland; Albuquerque; New Orleans; and Portland, Ore.

"This investigation shouldn’t be viewed as a penalty, but rather as an opportunity," said Durbin, Illinois' senior U.S. senator. "An impartial investigation can help identify those areas where the CPD has fallen short and guide the Department onto a better course."

The city's Independent Police Review Authority, which is charged with investigating use-of-force incidents by the department, has reviewed more than 400 police shootings since 2007, but has classified less than 1% of those incidents as unjustified.

Late Sunday, Emanuel announced the ouster of the chief administrator of the authority, Scott Ando. Ando's dismissal came days after Emanuel pushed out Chicago police superintendent Garry McCarthy because of anger in the city's African-American community about the incident.

"It has become clear that new leadership is required as we rededicate ourselves to dramatically improving our system of police accountability and rebuilding trust in that process,” Emanuel said in a statement announcing Ando's firing.

The Justice review is one of more than 20 examinations of police departments launched since the start of the Obama administration, marking a period of extraordinary scrutiny of local law enforcement operations.

The review of the Chicago force, the second-largest in the country, would represent the biggest inquiry since the federal examination of the Los Angeles Police Department in wake of a corruption scandal involving an anti-gang unit in the late 1990s. A federal judge released the police department in 2009 from a near-decade-long agreement with Justice that in part enforced a ban on racial profiling and revamped police training.