During former Chicago Police officer Jason Van Dyke’s hearing on Wednesday, his lawyers filed two motions requesting the judge toss out Van Dyke’s guilty verdict. He’d been sentenced for committing second-degree murder and 16 counts of aggravated battery — one for each shot fired — in the October 2014 killing of Laquan McDonald. The requests will be argued at Van Dyke’s next court date on December 14.  

At the hearing Dan Herbert, Van Dyke’s attorney, reiterated an argument he “first made in 2015 when dashcam video of the shooting was released to the public: that it would be impossible to find a fair and impartial jury in Cook County, where Chicago is located. The video shows McDonald crumpling to the ground in a hail of 16 bullets as he walked away from police,” according to NBC news.  

Van Dyke’s first court appearance since his conviction one month prior lasted just minutes.  He was taken behind the courtroom where he hugged and talked to his family members, typically not allowed, before being sent to Western Illinois Penitentiary where he will await sentencing.  

Currently, Van Dyke is no longer a police officer since the Illinois State Police revoked his certification when he was convicted.  However, he still remains an unpaid, suspended employee of the Chicago Police Department until the Police Board rules on his termination.

According to the “Chicago Tribune,” Herbert said that in court on December 14, “he plans to argue that Van Dyke should be sentenced on just the second-degree murder conviction — not the aggravated battery counts that carry stiffer penalties.”