Chicago Police Officer Jason Van Dyke approaches the bench for his hearing with Judge Vincent Gaughan at the Leighton Criminal Courts Building in Chicago Tuesday Jan. 10, 2017, in Chicago. Van Dyke is charged with murder in the October 2014 death of Laquan McDonald, who was shot 16 times. The Cook County judge on Tuesday ordered the release of McDonald's juvenile records, except for records about his birth mother and sister. (Nancy Stone/Chicago Tribune via AP, Pool)

Chicago police officer’s lawyer wants murder charge dropped

CHICAGO – A lawyer for a Chicago police officer charged in Laquan McDonald’s shooting death is asking that the first-degree murder charge be dismissed.

Attorney Daniel Herbert filed a motion Tuesday. He contends that statements Jason Van Dyke and other officers gave investigators helped build the case against Van Dyke even after the officers were assured they wouldn’t be used “against them in any criminal proceedings.”

Van Dyke, who is white, shot the black, 17-year-old McDonald 16 times in 2014.

Judge Vincent Gaughan hasn’t made a ruling. The special prosecutor in the case, Joseph McMahon, says he’ll respond to the motion by the next court date, Feb. 3.

Gaughan ordered the release of McDonald’s juvenile records to Herbert, but hasn’t ruled whether the material can be used at trial.

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