CHICAGO — Media outlets are reporting that the Illinois Supreme Court denied a bid to resentence Jason Van Dyke on Tuesday.
In January, Van Dyke was sentenced to 6.75 years for the death of Laquan McDonald. Van Dyke was convicted of second-degree murder and 16 counts of aggravated assault with a gun in October 2018. Prosecutors had asked for 96 years. Cook County Judge Vincent Gaughan said in a statement from the bench that he counted the counts of aggravated assault with a gun as a single charge.
Prosecutors had asked the Supreme Court to rule on re-sentencing last month. According to the Chicago Sun-Times, the court didn’t give a reason.
From the Sun-Times:
Justice P. Scott Neville Jr. wrote a dissenting opinion. Justice Thomas Kilbride also dissented in part. Both suggested a supervisory order would be appropriate.
“This dispute clearly involves a matter of the utmost importance to the administration of justice,” Neville wrote.
Gaughan’s decision at sentencing meant Van Dyke could serve only about half the sentence under good-time provisions — and potentially leave prison after a little more than three years. [Attorney General Kwame] Raoul and [Special Prosecutor Joseph] McMahon contend Van Dyke should have been sentenced for aggravated battery, meaning he would have been forced to serve at least 85 percent of his sentence.
According to the Chicago Tribune, state law actually makes aggravated battery with a firearm the more serious offense, carrying a maximum prison sentence of 30 years, compared to 20 years for second-degree murder.
Van Dyke has been transferred to an out-of-state prison.by