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Prosecutor, attorney general discuss challenging sentence

February 5, 2019

CHICAGO (AP) — Special Prosecutor Joseph McMahon and Illinois Attorney General Kwame Raoul have discussed a potential legal challenge to the sentence handed former Chicago police officer Jason Van Dyke.

The Chicago Sun-Times reports a conference call between the two was held Monday. They are considering a try to overturn the 81-month sentence handed Van Dyke by Cook County Judge Vincent Gaughan.

McMahon says he plans to decide by March 1 on whether to petition the state Supreme Court to send the case back to Gaughan for a new prison sentence.

Van Dyke was convicted of murder and aggravated assault in the 2014 death of Laquan McDonald. The murder conviction carries a four- to 20-year penalty. The 16 counts of aggravated battery carries a penalty of between six and 30 years for each count. Under his sentence, Van Dyke could be released in fewer than four years with credit for good behavior.

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