CHARGES Police Officer Jason Van Dyke, Star Number 9465, is charged with violating the following rules contained in Article of the Rules and Regulations of the Chicago Police Department, which were in full force and effect on the date of the alleged violations: Rule 2: Rule 3: Rule 6: Rule 11: Rule 14: Rule 51: Any action or conduct which impedes the Department?s efforts to achieve its policy and goals or brings discredit upon the Department. Any failure to promote the Department?s efforts to implement its policy or accomplish its goals. Disobedience of an order or directive, whether written or oral. Incompetency or inefficiency in the performance of duty. Making a false report, written or oral. Failure to testify or give evidence before any governmental, administrative, or investigative agency when properly called upon to do so, and when there is no properly asserted constitutional privilege. SPECIFICATIONS 1. Officer Van Dyke, Star Number 9465, is charged with violating Rule 2, ?Any action or conduct which impedes the Department?s efforts to achieve its policy and goals or brings discredit upon the Department,? in one or more of the following instances: Count I: From on or about October 20, 2014, to on or about October 21, 2014, Officer Van Dyke made one or more false, misleading, inaccurate, and or inconsistent statements to a member(s) of the Department who responded to and/ or investigated the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false, misleading, inaccurate, and/ or inconsistent statements included that McDonald ignored Officer Van Dyke?s orders to ?Drop the knife!? and continued to advance toward Officer Van Dyke, or words to that effect; and/ or McDonald raised the knife across his chest and/ or over his shoulder, pointing the knife at Officer Van Dyke, or words to that effect; and/ or McDonald was attacking Officer Van Dyke with the knife, or words to that effect; and/ or McDonald attempted to kill Officer Van Dyke, or words to that effect; and/ or Officer Van Dyke backpedaled and fired his handgun to stop Count II: Count Count IV: McDonald?s attack, or words to that effect; and/ or as McDonald was on the ground, he attempted to get up, or words to that effect. On or about October 21, 2014, Officer Van Dyke made one or more false, misleading, inaccurate, and/ or inconsistent statements on a 0 Tactical Response Report (RD No. HX475653) related to the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false, misleading, inaccurate, and/ or inconsistent statements included that McDonald?s actions constituted an assault, or words to that effect; and/ or an imminent threat of battery, or words to that effect; and/ or a battery, or words to that effect; and/ or an attack with a weapon, or words to that effect; and/ or deadly force, or words to that effect; and/ or the use of force likely to cause death or great bodily harm, or words to that effect. On or about October 21, 2014, Officer Van Dyke made one or more false, misleading, inaccurate, and/ or inconsistent statements on an Officer?s Battery Report (RD No. HX475653) related to the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false, misleading, inaccurate, and/ or inconsistent statements included that McDonald ?stabbed/cut? and/ or attempted to ?stab/cut? Officer Van Dyke and/ or another officer, or words to that effect. On or about October 22, 2014, Officer Van Dyke made one or more false, misleading, inaccurate, and/ or inconsistent statements to the Independent Police Review Authority (IPRA) which responded to and/ or investigated the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false, misleading, inaccurate, and/ or inconsistent statements included that McDonald was waving a knife from his right side towards his left in an upward fashion, or words to that effect; and/ or McDonald was waving a knife upwards at chest level, or words to that effect; and/or Officer Van Dyke backpedaled as McDonald was coming closer to Of?cer Van Dyke, or words to that effect; and/ or McDonald waved the knife at Officer Van Dyke as McDonald was 2 Count V: getting closer to Of?cer Van Dyke, or words to that effect; and/ or McDonald was going to kill Of?cer Van Dyke, or words to that effect; and/ or Of?cer Van Dyke moved backwards when he discharged his ?rearm, or words to that effect; and/ or Of?cer Van Dyke provided a true and accurate account of the shooting to IPRA, or words to that effect. On or about October 20, 2014, Of?cer Van Dyke failed to visually inspect the in?car video system equipment on his assigned vehicle for damage; and/ or failed to obtain the audio recorder from his in?car video system and/ or ensure it was securely attached to his person; and/ or failed to follow the start?up procedures for the in?car video system as trained and/ or ensure the system was working properly; and/ or failed to audibly record events with his in?car video system; and/ or failed to notify his supervisor about the audio component?s status. Of?cer Van Dyke, Star Number 9465, is charged with violating Rule 3, ?Any failure to promote the Department?s efforts to implement its policy or accomplish its goals,? in one or more of the following instances: Count I: Count II: From on or about October 20, 2014, to on or about October 21, 2014, Of?cer Van Dyke made one or more false, misleading, inaccurate, and or inconsistent statements to a member(s) of the Department who responded to and/ or investigated the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false, misleading, inaccurate, and/ or inconsistent statements included that McDonald ignored Of?cer Van Dyke?s orders to ?Drop the knife!? and continued to advance toward Of?cer Van Dyke, or words to that effect; and/ or McDonald raised the knife across his chest and/ or over his shoulder, pointing the knife at Of?cer Van Dyke, or words to that effect; and/ or McDonald was attacking Of?cer Van Dyke with the knife, or words to that effect; and/ or McDonald attempted to kill Of?cer Van Dyke, or words to that effect; and/ or Of?cer Van Dyke backpedaled and ?red his handgun to stop McDonald?s attack, or words to that effect; and/ or as McDonald was on the ground, he attempted to get up, or words to that effect. On or about October 21, 2014, Of?cer Van Dyke made one or more false, misleading, inaccurate, and/ or inconsistent statements on a Tactical Response Report (RD No. HX475653) related to the events surrounding the fatal shooting of Laquan McDonald on or about 3 Count Count IV: Count V: October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false, misleading, inaccurate, and/ or inconsistent statements included that McDonald?s actions constituted an assault, or words to that effect; and/ or an imminent threat of battery, or words to that effect; and/ or a battery, or words to that effect; and/ or an attack with a weapon, or words to that effect; and/ or deadly force, or words to that effect; and/ or the use of force likely to cause death or great bodily harm, or words to that effect. On or about October 21, 2014, Officer Van Dyke made one or more false, 'misleading, inaccurate, and/ or inconsistent statements on an Officer?s Battery Report (RD No. HX475653) related to the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false, misleading, inaccurate, and/ or inconsistent statements included that McDonald ?stabbed/ cut? and/ or attempted to ?stab cut? Officer Van Dyke and/ or another officer, or words to that effect. On or about October 22, 2014, Officer Van Dyke made one or more false, misleading, and/ or inconsistent statements to the Independent Police Review Authority (IPRA) which responded to and/ or investigated the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false, misleading, and/ or inconsistent statements included that McDonald was waving a knife from his right side towards his left in an upward fashion, or words to that effect; and/ or McDonald was waving a knife upwards at chest level, or words to that effect; and/Or Officer Van Dyke backpedaled as McDonald was getting closer to Officer Van Dyke, or words to that effect; and/ or McDonald waved the knife at Officer Van Dyke as McDonald was coming closer to Officer Van Dyke, or words to that effect; and/ or McDonald was going to kill Officer Van Dyke, or words to that effect; and/ or Officer Van Dyke moved backwards when he discharged his firearm, or words to that effect; and/ or Officer Van Dyke provided a true and accurate account of the shooting to IPRA, or words to that effect. On or about October 20, 2014, Officer Van Dyke failed to visually inspect the in?car video system equipment on his assigned vehicle for 4 damage; and/ or failed to obtain the audio recorder from his in?car video system and/ or ensure it was securely attached to his person; and/ or failed to follow the start?up procedures for the in?car video system as trained and/ or ensure the system was working properly; and/ or failed to audibly record events with his in?car video system; and/ or failed to notify his supervisor about the audio component?s status. Officer Van Dyke, Star Number 9465, is charged with violating Rule 6, ?Disobedience of an order or directive, whether written or oral,? in one or more of the following instances: Count I: Count II: On or about October 20, 2014, Of?cer Van Dyke failed to visually inspect the in?car video system equipment on his assigned vehicle for damage; and/ or failed to obtain the audio recorder from his in?car video system and/ or ensure it was securely attached to his person; and/ or failed to follow the start?up procedures for the in?car video system as trained and/ or ensure the system was working properly; and/ or failed to audibly record events with his in?car video system; and/ or failed to notify his supervisor about the audio component?s status, in violation of Special Order 803?05 (effective February 23, 2012 through February 24, 2016). On or about April 7, 2016, Officer Van Dyke, after a direct order from a superior officer, refused to answer questions posed by the Office of Inspector General, which was conducting an investigation into Officer Van Dyke?s official actions and/ or obligations surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois, in violation of General Order Officer Van Dyke, Star Number 9465, is charged with violating Rule 11, ?lncompetency or inefficiency in the performance of duty,? in the following instance: Count I: On or about October 20, 2014, Officer Van Dyke failed to visually inspect the in?car video system equipment on his assigned vehicle for damage; and/ or failed to obtain the audio recorder from his in?car video system and/ or ensure it was securely attached to his person; and/ or failed to follow the start?up procedures for the in?car video system as trained and/ or ensure the system was working properly; and/ or failed to audibly record events with his in?car video system; and/ or failed to notify his supervisor about the audio component?s status. 5. Officer Van Dyke, Star Number 9465, is charged with violating Rule 14, ?Making a false report, written or oral,? in one or more of the following instance: Count I: Count II: Count From on or about October 20, 2014, to on or about October 21, 2014, Officer Van Dyke made one or more false statements to a member(s) of the Department who responded to and/ or investigated the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false statements included that McDonald ignored Officer Van Dyke?s orders to ?Drop the knife!? and continued to advance toward Officer Van Dyke, or words to that effect; and/ or McDonald raised the knife across his chest and/ or over his shoulder, pointing the knife at Officer Van Dyke, or words to that effect; and/ or McDonald was attacking Officer Van Dyke with the knife, or words to that effect; and/ or McDonald attempted to kill Officer Van Dyke, or words to that effect; and/ or Officer Van Dyke backpedaled and fired his handgun to stop McDonald?s attack, or words to that effect; and/ or as McDonald was on the ground, he attempted to get up, or words to that effect, thereby making a false statement, written or oral. On or about October 21, 2014, Officer Van Dyke made one or more false statements on a Tactical Response Report (RD No. HX475653) related to the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false statements included that McDonald?s actions constituted an assault, or words to that effect; and/ or an imminent threat of battery, or words to that effect; and/ or a battery, or words to that effect; and/ or an attack with a weapon, or words to that effect; and/ or deadly force, or words to that effect; and/ or the use of force likely to cause death or great bodily harm, or words to that effect, thereby making a false statement, written or oral. On or about October 21, 2014, Officer Van Dyke made one or more false statements on an Officer?s Battery Report (RD No. HX475653) related to the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false statements included that McDonald ?stabbed/cut? and/ or attempted to ?stab cut? Officer Van Dyke and/ or another officer, or words to that effect, thereby making a false statement, written or oral. 6 Count IV: On or about October 22, 2014, Officer Van Dyke made one or more false statements to the Independent Police Review Authority (IPRA) which responded to and/ or investigated the events surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Said false statements included that McDonald was waving a knife from his right side towards his left in an upward fashion, or words to that effect; and/ or McDonald was waving a knife upwards at chest level, or words to that effect; and/ or Officer Van Dyke backpedaled as McDonald was coming closer to Officer Van Dyke, or words to that effect; and/ or McDonald waved the knife at Officer Van Dyke as McDonald was getting closer to Officer Van Dyke, or words to that effect; and or McDonald was going to kill Officer Van Dyke, or words to that effect; and/ or Officer Van Dyke moved backwards when he discharged his firearm, or words to that effect; and/ or Of?cer Van Dyke provided a true and accurate account of the shooting to IPRA, or 'words to that effect, thereby making a false statement, written or oral. Officer Van Dyke, Star Number 9465, is charged with violating Rule 51, ?Failure to testify or give evidence before any governmental, administrative, or investigative agency when properly called upon to do so, and when there is no properly asserted constitutional privilege? in the following instance: Count I: On or about April 7, 2016, Officer Van Dyke, after a direct order from a superior officer, refused to answer questions posed by the Office of Inspector General, which was conducting an administrative investigation into Officer Van Dyke?s official actions and/ or obligations surrounding the fatal shooting of Laquan McDonald on or about October 20, 2014, at or about 21:57 hours, at or around the 4100 block of S. Pulaski Road, Chicago, Illinois. Based on the foregoing charges and speci?cations, the Superintendent recommends that Police Of?cer Jason Van Dyke, Star Number 9465, be discharged from the Chicago Police Department. arm EDDIE Superintendent of Police AS TO FORM jg}ij F. GIBBONS EETLICIA V. MANNO EREENBERG TRAURIG LLP Special Assistant Corporation Counsel FILED Ii 5 a 29 a8 "ww- CHICAGO POLICE BOARD