Prosecutor: No retrial for ex-cop Christopher Schurr in shooting death of Patrick Lyoya
Kent County Prosecutor Chris Becker announced May 22, after reviewing the case, he was not convinced he could obtain a conviction from a jury had the case proceeded to another trial.
"There is nothing factually I believe I could do differently which could impact the case for a different outcome," Becker said in a prepared statement provided to the media.
Becker said Schurr will not be tried on any other or lesser charges. Schurr's case will be dismissed.
Schurr, 34, was originally charged with one count of second-degree murder stemming from the April 2022 shooting of Lyoya. Schurr shot Lyoya in the back of the head after tackling him after Lyoya tried to flee a traffic stop in southeast Grand Rapids.
Ven Johnson, an attorney representing the Lyoya family in a separate, civil case against Schurr, said the family expressed deep disappointment at Becker's decision.
'The Lyoya family has not only lost Patrick, but now the hope that former officer Christopher Schurr will ever be held criminally accountable for taking Patrick's life," Johnson said in a statement. "With today's decision, what was once a pause in justice has now become a permanent reality. This is not a verdict nor the outcome the Lyoya family sought."
Schurr's lead defense attorney, Matt Borgula of Grand Rapids, did not immediately reply to a message seeking comment.
Robert Womack, a Kent County commissioner who has called for policing policy changes, said the Lyoya family 'is definitely broken by the decision.'
'They were very, very hurt, and still trying to understand the American justice system,' Womack told reporters following Becker's announcement. 'They don't see any excuse ... for the person who shot their son in the back of the head to be walking free, but we're going to continue to work with them on the healing process.'
Becker originally charged Schurr in June 2022, leading to the former officer's dismissal from the Grand Rapids Police Department.
Schurr's attorneys had argued the former officer was acting in self defense, after Lyoya attempted to grab Schurr's Taser during the physical struggle that ensued after Schurr chased Lyoya. Prosecutors had argued Schurr used excessive force.
Earlier this month, a Kent County jury deliberated for close to 20 hours before telling Circuit Judge Christina Mims they were unable to reach a verdict, prompting Mims to declare a mistrial May 8. Jurors heard about five-and-a-half days of argument and testimony in the trial. The jury was able to see footage of the shooting played numerous times, and from different angles, from the moment Schurr exited his patrol car to the moments after he shot Lyoya. Jurors also heard from a series of witnesses, the bulk of whom were qualified as policing experts, but also from eyewitnesses, investigators, police officers who responded to the scene of the shooting and Schurr himself.
Becker told reporters that the jury was split 10-2, with the majority of jurors favoring acquittal. He said he had no second thoughts about the decision to charge Schurr.
"I put the best case I could forward when I tried this case," Becker said. "I did the best I could. I did everything I could. The jury couldn't reach a verdict. I still stand by the decision."
Much of the testimony focused on the Taser — defense lawyers argued Lyoya had gained possession of it from Schurr. Once Schurr believed Lyoya had control of the Taser, he was within his rights to use deadly force and shoot Lyoya, policing experts called by the defense testified. The prosecution focused large parts of its case around Schurr's training with the Grand Rapids Police Department (GRPD), where he had joined as a recruit in 2015. Policing expert witnesses called by the prosecution said Schurr acted improperly by chasing Lyoya on foot after he tried to flee the traffic stop.
After the mistrial was declared, some protestors in Grand Rapids called on Becker to retry the case. Demonstrators were planning on gathering to protest Becker's decision on May 22, according to social media posts.
Lyoya's death, and the subsequent release of footage of the shooting to the public, sparked protests in Grand Rapids in 2022, when demonstrators called for increased police accountability. After the shooting, the Grand Rapids Police Department instituted policies including de-escalation training and emphasizing the sanctity of life.
This story is developing.
Contact Arpan Lobo: alobo@freepress.com
This article originally appeared on Detroit Free Press: Prosecutor: No retrial for ex-police officer Schurr in death of Lyoya
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