Watch CBS News

Van Dyke Lawyers: No Resentencing Needed In Fatal Shooting

CHICAGO (AP) -- Lawyers for the white Chicago police officer convicted of murder for fatally shooting black teenager Laquan McDonald say prosecutors have no right to challenge his nearly seven year prison term.

Attorneys for Jason Van Dyke made the arguments in a filing Monday with the Illinois Supreme Court. They say the sentence is consistent with state law.

Illinois' attorney general and the case's special prosecutor have filed a petition to the high court, disputing the legal basis the judge used to sentence Van Dyke.

Van Dyke was convicted last year of second-degree murder and 16 aggravated battery counts. A judge sentenced him last month on just the second-degree murder conviction, ruling it was more serious.

Prosecutors want the 40-year-old sentenced on the aggravated battery counts, which could result in a longer prison term.

Copyright 2019 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.