GRAND RAPIDS, MI – As Kent County’s prosecutor mulls over a decision whether to criminally charge a Grand Rapids police officer for fatally shooting Patrick Lyoya, legal experts have varying opinions on what the outcome may be.
Three law professors contacted by MLive/The Grand Rapids Press weighed in on what Kent County Prosecutor Chris Becker is considering, based on their expertise. Becker is in the process of reviewing Michigan State Police’s investigation, so far, into the killing of 26-year-old Lyoya on April 4.
One professor, Shelly Taylor Page, said if she were the prosecutor she would try the case, while another professor, Lewis Langham Jr., said the decision was a “close call.” Page did not commit to a specific charge for this case.
A third professor, Mark Osler, said he needed all of the information before making any determination but, “when looking at the video, it certainly seems to be one where they should be closely considering a charge,” he said.
Grand Rapids police officer Christopher Schurr shot and killed Lyoya during an April 4 traffic stop that spiraled into a struggle between the two. Lyoya was pulled over because his license plate didn’t match his vehicle.
After a struggle between Schurr and Lyoya, video footage of the incident shows Schurr on top of Lyoya and Schurr shooting him in the back of the head.
“There are so many cases where a video like that makes us say, ‘He should’ve been arrested last week,’” Page, an assistant professor of law and director of experiential education at Southern Illinois University School of Law, told MLive/Grand Rapids Press.
“But, there may be information that we, as the general public, are not privy to that would explain what a reasonable officer would have done in that situation,” she added.
Michigan State Police submitted much of its investigation on Lyoya’s killing to the prosecutor’s office on April 28. Becker expects state police to complete the investigative report by the end of this week or next week, he announced in a statement Wednesday, May 18.
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Page, who once served as a criminal prosecutor in Austin, Texas, said the Kent County prosecutors have many factors to consider before making a decision, including what they could prove to a jury; the resources needed if charges are filed; and the officer’s criminal history as well as his history with the Grand Rapids Police Department.
Schurr’s personnel file, which MLive obtained through a Freedom of Information Act request, contains two complaints from 2021 and several awards.
Due to city employment and union stipulations, his personnel file did not include potential complaints that may have happened prior to the last two years.
Several “Justice for Patrick” marches and protests have been held in Grand Rapids since the release of the video footage of the shooting. Protesters, demanding justice, have also forced city commissioners to end two of their meetings prematurely.
Blowback from the public is another factor that could be weighing on the prosecutor’s mind, Page said.
“If I were the prosecutor, we try this case,” Page said. “We do our best to get an impartial, fair jury that can listen to all the evidence.”
This is the fifth police shooting case Becker has reviewed since 2020.
Langham, a professor at Western Michigan University Cooley Law School, said the prosecutor has various options when considering charges for Schurr, if any at all.
“The prosecutor has to factor in even if his office charges officer Schurr with whatever they’re charging him with, keep in mind everything Patrick Lyoya was doing at the time is going to come into the trial process,” Langham said.
Video footage shows Schurr tried to subdue and arrest Lyoya after Lyoya attempted to run. Soon after, the pair struggled and fought over control of Schurr’s Taser, which Schurr had deployed twice but failed to hit Lyoya. Shortly after, Schurr fired the fatal shot.
" … It doesn’t justify the shooting itself, but Patrick Lyoya was committing one (attempting to disarm a police officer) or two felonies at the time this was all occurring,” said Langham, who spent a 25-year career with Michigan State Police prior to his legal profession.
Becker has previously said he will not recuse himself from the case.
“That’s one of the problems with these cases handled locally,” said Osler, a professor and Robert and Marion Short Distinguished Chair in Law at the University of St. Thomas School of Law in Minnesota.
Osler, a former federal prosecutor, said in similar incidents – an officer shooting a civilian – in Minnesota, the charging decision often isn’t made by the prosecutor in the jurisdiction where the crime occurred.
“You have a public demand for a resolution in terms of charging and in the same time, prosecutors work regularly with the police and charging a police officer can potentially damage the relationship going forward,” Osler said.
Becker previously said he has no conflict in the matter and neither knows Schurr nor did he know Lyoya. Michigan Attorney General Dana Nessel said previously she is open to taking the case if offered.
“There can be real wisdom in removing that decision from the local actor who’s going to be working with the police on a continuing basis,” Osler said.
While Becker isn’t recusing himself from the case, he is seeking more guidance from others.
“While reviewing the material that has been provided thus far, I determined that additional expert guidance – beyond the scope of the MSP – is needed in order for me to make a fully informed decision,” he said in the statement Wednesday. “I have begun to seek this expert guidance.”
“While I may receive the complete MSP investigation soon, it does not mean my decision is imminent,” he added.
Schurr remains on administrative leave, without his police powers, pending a state police investigation into possible criminal charges and an Internal Affairs investigation to determine if department policy was followed.
He has been with the department for nearly seven years.
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