Grand Rapids officer was ‘justified’ in fatally shooting Patrick Lyoya, his lawyer says at arraignment


Lyoya was shot in the back of the head during a struggle. His final moments were captured in multiple videos later released to the public.

Schurr appeared in court Friday via videoconference, wearing an orange jumpsuit and a blue medical face mask. After the hearing, a small group of protesters confronted supporters of Schurr outside court, shouting obscenities and chanting “Justice for Patrick.”

In the courtroom, Mark Dodge, the officer’s lawyer, said his client was “justified in his use of force” and entered a not guilty plea on behalf of Schurr. He said his client has offered “nothing but cooperation” during the investigation.

A judge set Schurr’s bond at $100,000 and put in place a number of conditions for his pretrial release, including that Schurr not buy or possess guns and not drink liquor or use drugs. A probable cause conference was set for June 21.

Motion says officer believed he was “in danger’

During the traffic stop, Lyoya fled and Schurr tried to gain custody, according to a motion for bond filed by Schurr’s attorneys. The officer believed Lyoya “obtained full control of (his) taser” and that he was “in danger of serious bodily injury or death.”

Schurr’s training and experience led him to believe “a person who attempts to flee and resist arrest may have outstanding criminal charges or is currently involved in criminal activity and is avoiding being taken into custody,” according to the motion, which did not name Lyoya.

Michigan State Police Det. Sgt. Aaron Tubergen, whose agency investigated the shooting, said in a court document supporting the arrest warrant that Lyoya tried to get away from Schurr after the officer asked for his license and traveled about 30 feet from the car before being tackled to the ground. There was a physical altercation, with Schurr demanding that Lyoya, “stop fighting, stop resisting.”

Tubergen said Schurr deployed his Taser twice. After Lyoya gained control of the Taser, Schurr made “many commands” for him to drop the device and a physical altercation followed with both men on the ground.

The officer was on top of Lyoya’s back — the Black man prone on the ground — when Schurr “lost complete control of the Taser.” Lyoya had “complete control of the Taser” at that point.

“It appears that Patrick was then on his hands and knees. Again, Officer Schurr was on his back,” the detective sergeant said, according to the document. “Officer Schurr pulled his duty firearm from its holster and then fired one round into the back of Patrick’s head, causing his body to go limp.”

Prosecutor says decision to charge ‘not a message’

Schurr surrendered Thursday after a Kent County judge signed an arrest warrant for him.

Kent County Prosecuting Attorney Christopher Becker on Thursday emphasized his decision to charge Schurr was “not a message.”

“This is just based on the facts and making a decision in this case,” Becker told reporters, referring to the second-degree murder charge.

Lyoya, 26, was pulled over by Schurr for an allegedly unregistered license plate.

Lyoya had three outstanding warrants at the time he fled Schurr, and an autopsy revealed his blood-alcohol concentration was more than three times the legal limit.

After the death protesters poured out onto the streets of Grand Rapids, a city with a history of tension between Black residents and police.

Official autopsy results show Patrick Lyoya died from gunshot to the back of head

The shooting led the state’s civil rights agency to renew a request for a pattern-and-practice investigation by the Justice Department into the Grand Rapids Police Department, just one month after a new police chief took office.

The county’s medical examiner’s office released its autopsy results in early May, and the Grand Rapids Police Department released dispatch records and reports written by officers who responded to the shooting.

The radio traffic, an accompanying computer-aided dispatch log and redacted incident reports shed light on the moments before and after the officer shot Lyoya.

Radio traffic and other records released by police show that Schurr told supervisors after the shooting that Lyoya “has my Taser.”

Schurr notified his dispatcher he stopped a tan car around 8:11 a.m. He told the dispatcher that one person was running from the stop about 75 seconds later and asked for more officers to respond about two minutes after the stop. Schurr told the dispatcher that he had been “involved in a shooting” about four minutes after the initial stop. The dispatcher said emergency medical services were en route about 11 seconds after that.

Lyoya was driving on a revoked license at the time of the traffic stop. His license was revoked in March because of a third substance abuse conviction in 10 years, according to public records. He had three open warrants at the time of the traffic stop, according to a CNN review of state records.

It’s not clear if Schurr knew of the warrants or the revoked license at the time Lyoya fled on foot shortly after the stop.

Controversial Police Encounters Fast Facts

Records show he was wanted in connection with a domestic violence case from April, charged as a second offense. Another warrant was issued in early April for failure to appear or pay. Another open warrant appeared in the court record relating to a property damage traffic crash Lyoya’s alleged to have fled. His family’s attorneys have declined to comment on the open warrants.

Grand Rapids Police Department Chief Eric Winstrom said Thursday he was recommending to the city Schurr’s suspension without pay, pending termination. The officer will have a discharge hearing, and the final determination on his employment will be made by the city manager.

Winstrom, who took over as chief in March, said he was comfortable with the decision to seek the officer’s termination.

“I recognize the impact this will have on a longtime employee and a friend to many at the Grand Rapids Police Department, but I think it is the right thing to do,” he said.

Peter Lyoya, Patrick’s father, said Thursday that the charge brings some relief to the family, even though his son is never coming back.

“My heart was really broken during the past two months because a lot of things were said,” he told reporters at a news conference through an interpreter. “And I was thinking maybe there’s no justice in America.”

But he added that if it weren’t for the videos that captured his son’s final moments, there would be no second-degree murder charge today.

CNN’s Tanika Gray contributed to this report.

Quoted from Various Sources

Published for: The Bloggers Briefing