Patricia Brown Holmes
Special Prosecutor
70.W, Madison St, Suite 2900
Chicago, Minois 60602
12) 471-8791
specialproseeutor@zsho-law.com
FOR IMMEDIATE RELEASE, June 27, 2017
MEDIA CONTACTS:
Randall Sambora
rsamborn@levick.com
312-214-2300/ 312-343-1142
Desiree Tate
deate@tateassociatesmw.c
312-873-0622
‘THREE CURRENT OR FORMER CHICAGO POLICE OFFICERS INDICTED ON
CONSPIRACY, OBSTRUCTION, AND MISCONDUCT CHARGES RELATING TO
‘THE LAQUAN McDONALD SHOOTING INVESTIGATION
CHICAGO - Three curren or former Chicago police officers were indicted on state felony
charges for allegedly engaging in a conspiracy in an attempt to prevent or shape an independent
‘criminal investigation of the polce-involved shooting death of 17-year-old Laquan McDonald.
“The charges were announced today by Patricia Brown Holmes, a Special Prosecutor appointed by
Fresiding Judge LeRoy K. Martin, Jr. ofthe Circuit Court of Cook County Criminal Division,
Detective DAVID MARCH and Patol Officers JOSEPH WALSH and THOMAS
GAFFNEY sere cach eturged with consptacy, official misconduct, and obstruction of justice.
‘The three-count indictment was voted yesterday by a Cook County Special Grand Jury and filed
today
“The indictment makes clear that these defendants did more than merely obey an unofficial
‘code of silence,’ rather it alleges that they ed about what occurred to prevent independent
crime investigators fom learning the truth,” Ms. Holmes sai.
‘The grand jury investigation is continuing, Ms, Holmes added‘March, 58, a police veteran of more than 30 years; Walsh, 48; and Gaffney, 43, both with
approximately 20 years on the Chicago Police Depariment, are expected to appear voluntarily for
arraignment, which was scheduled for 9:00 am on July 10, 2017 in the Leighton Criminal
Courthouse
‘According to the indictment, March, Walsh, Gaffney, Individual A, and others conspired
inthe critical carly hours and days, beginning on Oct.20, 2014, and after, “to conceal the true facts
of the events surrounding the killing of LaQuan MeDonald .. . to shield their fellow officer
(identified only as Individual A) from criminal investigation and prosecution.” The defendants
allegedly lied about what occurred and mischaracterized the video recordings so that independent
criminal investigators would not learn the truth about the killing andthe public would not see the
video recordings, understanding that public airing of the events, including the video recordings,
“would inexorably lead to a thorough criminal investigation by an independent body and likely
criminal charges.”
{As part of the alleged conspiracy, March, Walsh, Gafthey, Individual A, and others
coordinated their activities to protect cach other and other members of the Chicago Police
Department by furnishing false information, making false police reports, filing to report or correct
false information, ignoring contrary information or evidence, obstructing justice fuiling to perform
‘a mandatory duty, and performing acis each knew he was forbidden to perform, the indictment
alleges.
In furtherance ofthe alleged conspiracy, March, Walsh, Gaffney, Individual A, and others,
in their respective capacities during the investigation of MeDonald’s killing, allegedly prepared,
submitted, reviewed, or approved various police department reports that portrayed Individual A,
‘Walsh, and Gaffney as vietims assaulted and battered by McDonald.
“The indictment further alleges that the defendants conspired in failing to locate, identify,
and interview at least three witnesses whose information was inconsistent with accounts of CPD
members, and also in filing to locate, identify, and preserve physieal evidence, including video
and photographic evidence,
(Official misconduct is a Class 3 felony, punishable by forfeiture of office or employment,
up to five years in prison and a $25,000 fine; obstruction of justice isa Class 4 felony, punishable
by up to three years in prison and a $25,000 fine; and conspiracy is punishable by a fine and prison
sentence not to exceed the underlying offense.
Ms. Holmes was appointed Special Prosecutor in July 2016 by Presiding Judge Martin, “to
investigate Chicago Police Department personnel conduct in the matter ofthe fatal shooting of
LaQuan MeDonald” and further “to investigate and determine whether charges should be filed
tgainst any Chieago Police Department personnel involved in connection with the shooting
incident which resulted in the death of LeQuan MeDonald by, including but not limited to,
parelpating inthe providing of reports, Inulliny uf evidence, and interviewing of witnesses.”
2Ms. Holmes isa founding parier in the law firm of Riley Safer Holmes & Cancila LLP.
Previously, she served as an Associate Judge of the Cireuit Court of Cook County, an Assistant
United States Atiomey, an Assistant Slate's Attorney for Cook County, and Chief Assistant
Corporation Counsel for Municipal Prosecutions forthe City of Chicago. She is being assisted by
Assist Special Prosecutors Ron Safer, Kelly Wamer, Brian Watson, Alissa Kelso, and Erin
Gasparka, all attorneys at her law fim.
‘The public is reminded that an indictment is not evidence of guilt. The defendants are
presumed innocent and are entitled to fur trial at which the government has the burden of proving,
pull beyond a reasonable doubt,
wae