Ex-officer who killed Patrick Lyoya won’t face second trial, prosecutor says

• Christopher Schurr says he feared for his life and shot Patrick Lyoya because the 26-year-old Congolese immigrant had control of his Taser 
• The second-degree murder trial ended without a unanimous verdict
• Prosecutor Chris Becker said he doubted that a second jury would come up with a different result

A Grand Rapids police officer who fatally shot a Congolese immigrant in the back of the head after a tumultuous traffic stop will not face a second trial, a prosecutor said Thursday, two weeks after a trial ended without a unanimous verdict.

The decision by prosecutor Chris Becker is certain to upset civil rights activists and the family of the 26-year-old  Patrick Lyoya, whose death in the front yard of a Grand Rapids home was recorded on video and played repeatedly at trial.

Becker said he doubted that a second jury would come up with a different result.

“I just don't see a place where we get 12 people to agree. This has split the community,” he told reporters in Kent County. “I've heard over the last two weeks people passionately on both sides calling me, emailing me, advocating for and against a retrial. That didn't play a role.”

Related:

• Mistrial: Murder trial of Michigan police officer Christopher Schurr ends in hung jury
• Officer says he was ‘running on fumes,’ feared for life before killing Lyoya
• Jurors deadlocked in ex-officer's murder trial. Judge says keep trying

Christopher Schurr, who has since been fired from Grand Rapids, claimed self-defense, saying he feared for his life and shot Lyoya because the man had control of his Taser. He was charged with second-degree murder, though the jury also was allowed to consider a lesser charge of manslaughter.

Schurr's attorney, Matt Borgula, said he believed a second trial would have resulted in another hung jury or an acquittal.

“I think everybody agrees that the death of Patrick Lyoya was a tragedy,” Borgula said. “The evidence showed, at least to this jury, that Officer Schurr's actions were justified.”

Lyoya’s death in April 2022 was the climax of a fierce struggle that lasted more than two minutes. Schurr stopped a car for having the wrong license plate. Lyoya stepped out of the car, didn’t produce a driver’s license and began running.

Schurr was on top of Lyoya on the ground when he shot him in the back of the head. The entire confrontation was recorded on video and repeatedly played for the jury.

At trial, defense experts said the decision to use deadly force was justified because the exhausted officer could have been seriously injured if Lyoya had used the Taser. The prosecutor’s experts, however, said Schurr had other choices, including simply letting Lyoya run.

The Lyoya family's attorney, Ven Johnson, said a desire to hold Schurr accountable in a second trial has been lost. Meanwhile, a lawsuit against him is pending.

"This is not a verdict nor the outcome the Lyoya family sought,” Johnson said.

Grand Rapids Mayor David LaGrand did not indicate whether he agreed with the prosecutor's decision. But he said the end of the criminal case will be a “source of immense pain" for the family.

“Many in Grand Rapids will feel a deep sense of frustration and a belief that justice remains unfulfilled. These feelings are valid and must be acknowledged,” the mayor said in a written statement.

It’s not known why Lyoya was trying to flee. Records show his driver’s license was revoked at the time and there was an arrest warrant for him in a domestic violence case, though Schurr didn’t know it. An autopsy revealed his blood-alcohol level was three times above the legal limit for driving.