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Why judge in Laquan McDonald shooting allowed bail for cop

Video of a Chicago police officer firing 16 shots at 17-year-old Laquan McDonald touched off demonstrations across the city, but the images were not enough for a Cook County judge to order the officer held without bail pending trial.

Officer Jason Van Dyke had been in custody since turning himself in last Tuesday to face first-degree murder charges. Judge Donald Panarese Jr. said he would not set bail for the veteran officer until he had watched squad car video that prosecutors said showed Van Dyke firing 16 shots at the teen, most of them as McDonald lay slumped on the ground.

Panarese sat silently at the front of the packed courtroom Monday, leaning his head on his fist as he watched a few minutes of silent, grainy dashcam video playing on a laptop computer.

Panarese was apparently watching the video for the first time, and he asked Assistant State's Attorney William Delaney if there was any sound on the recording.

"There's no audio, Judge," Delaney said.

"The law gives a presumption of innocence," Panarese said after setting Van Dyke's bail at $1.5 million.

Four hours later, the officer walked out of Cook County jail and past a throng of reporters and protesters after posting $150,000, the 10 percent of the amount required to secure his release.

Van Dyke is scheduled to be back in court Dec. 18.

Van Dyke was led into the courtroom in wrist and ankle chains and surrounded by correctional officers. A handful of protesters seated in the glass-walled courtroom gallery rose to their feet as the officer stood before the judge. The group, apparently mishearing Panarese and thinking the judge had denied bail, cheered before being ordered by sheriff's deputies to clear the room.

Late Monday, the mayor's office announced plans to create a "Task Force on Police Accountability."

"The task force will review the system of accountability, oversight and training that is currently in place for Chicago's police officers," according to a statement from the mayor's office.

The mayor's panel - "actively engaging a range of community members" - is expected to present recommendations to the mayor and the City Council by March 31, 2016. More details were expected Tuesday.

The dashcam video of the shooting on Oct. 20, 2014, was made public last week just a few hours after the officer was charged. In the days since, hundreds of demonstrators have rallied to mostly peaceful protests across the city, including demonstrations that blocked shoppers from stores on Michigan Avenue as holiday shopping season kicked off Friday.

Ten people were arrested Monday at what police called a "small gathering" outside City Hall that took place around the time of Van Dyke's hearing at the Leighton Criminal Court building.

On Monday evening, about 150 people gathered for a largely peaceful demonstration outside Chicago Police headquarters at 35th and Michigan.

Activists, pastors from across the city and other city residents called for Chicago Police Supt. Garry McCarthy to resign, among other things. They voiced the now familiar chant: "Sixteen shots!" and held up signs, one of which read, "Prosecute all criminal cops."

At one point, activist Jedidiah Brown, holding a heavy chain, made his way to the front doors of the building. He said he wanted to chain the doors shut.

"That building is full of filth and corruption, and we want the

building shut down," Brown said.

Police pulled Brown aside and persuaded him to back down.

In the background, a woman who identified herself as Sister Shannon shouted repeatedly, "Forgive them, Lord, for they know not what they do!"

Van Dyke had been on desk duty until the charges were announced last week and has since been placed on "no-pay status" by the police department.

Fraternal Order of Police President Dean Angelo Sr., who attended the hearing Monday, said the union does not post bail for officers facing charges but had encouraged members to donate money toward Van Dyke's bail.

Angelo, whose union represents more than 8,000 Chicago police officers, said he had watched the dashcam video and that McDonald "squared his shoulders" toward the officers before Van Dyke opened fire.

Prosecutors have said McDonald was walking away from police on Pulaski Road near 41st Street and was 10 feet away from Van Dyke when the officer fired the first of 16 shots from his 9 mm pistol. Van Dyke emptied his magazine in about 15 seconds, with most of the shots fired after McDonald had fallen to the pavement.

• This report was produced in partnership with the Chicago Sun-Times. For more coverage, check chicago.suntimes.com.

Jason Van Dyke Associated Press
Protesters make their way up North Michigan Avenue on Friday in Chicago as community activists and labor leaders hold a demonstration billed as a "march for justice" in the wake of the release of video showing an officer fatally shooting Laquan McDonald. Associated Press
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