'I had a broken heart': Patrick Lyoya's family reacts after prosecutor declines to retry Christopher Schurr

GRAND RAPIDS, Mich. (FOX 2) - The family of Patrick Lyoya, a driver shot and killed during a scuffle with former Grand Rapids police officer Christopher Schurr, expressed sadness Thursday at the prosecutor's decision not to retry the officer.

After a mistrial was declared earlier this month, Kent County Prosecutor Christopher Becker said he would not charge Schurr again.

"It was really bad for me, emotionally, mentally, and I had a broken heart," said Dorcas Lyoya, Patrick's mother. "For me I’m not happy and I will be never happy until we find justice for Patrick."

Patrick's father, Peter, said he felt like the case was a trap from the beginning, both when the second-degree murder charges were brought against Schurr and when the case was dragged out for years.

"They took it long," Peter said. "And (in my) mind was kind of a trap, they were setting a trap."

Swahili interpreter Israel Siku translated for the Lyoyas, who sat alongside their civil attorney Ven Johnson. 

"To think about what has to be to us so clear, based on the evidence, that Schurr absolutely committed homicide," Johnson said.

Peter also expressed concerns about the makeup of the jury, which was mostly white.

Kent County Commissioner Robert Womack, who was also present at the press conference where Patrick's parents spoke, shared concerns about the jury as well.

"It seemed like a lot of jurors were selected that were from outside the urban areas, and a lot of the comments they made were like when the police tell you to do something, you need to do it. I was kind of surprised that they were on the jury," he said.

Becker defended the jury.

"This was a really good jury from my perspective," he said. "I can honestly say that. The questions they asked were on-point. When they are going through that process they spent a long time in deliberations."

The Michigan Fraternal Order of Police applauded Becker.

"The evidence presented at trial clearly demonstrated that officer Schurr acted within the scope of this training and responsibilities when confronted with a rapidly evolving and dangerous situation," it said in a statement.

However, the family, Johnson, and Kent County Commissioner Robert Womack felt differently. They questioned why the jury was mostly white and the treatment of the "hold out" juror. 

"Apparently the criminal defense, meaning the criminal defense lawyers, called her out," Johnson said.

"The news said that the defense corroborated it and she began to get hassled on social media with people calling her racist," Womack said. 

Late Thursday, FOX 2 heard from defense attorney Matt Borgula. 

In regards to the allegations regarding the hold-out juror, he stated via email:

"The information concerning the juror was apparently provided by another juror.  We asked the media not to run the story about individual jurors, however, that media outlet chose to run it anyway.  We respect the work the jury did in this case."The information concerning the juror was apparently provided by another juror.  We asked the media not to run the story about individual jurors, however, that media outlet chose to run it anyway.  We respect the work the jury did in this case."

The backstory:

On April 4, 2022, Patrick Lyoya, 26, and a friend were driving in Grand Rapids when an officer pulled up behind them. Schurr, the only officer in his squad vehicle at the time, called a traffic stop in the area of Griggs Street and Nelson Avenue.

Schurr originally pulled Lyoya over for having improper vehicle registration. Lyoya had already been on probation at the time of the stop, which was for owning a license plate that was registered to a different vehicle than the one he was driving.

Lyoya ignored Schurr's orders when he exited his car. He later walked away from the officer, leading Schurr to try and grab him by the arm. Lyoya instead ran.

The altercation between Schurr and Lyoya eventually led to the officer chasing him, calling for backup, and ordering Lyoya to stop resisting several times. The two continued to wrestle, leading to Schurr pulling out a taser, which Lyoya pushed away.

The scene ended with Schurr on top of Lyoya, who was chest down on the ground. Schurr at times could be heard telling Lyoya to let go of his taser. Minutes later, Schurr drew his gun, pressed it against the back of Lyoya's head, and shot him.

Schurr was charged with murder, but a mistrial was declared after a Kent County jury was hung earlier this month.

After the mistrial, Becker announced that he would not retry the officer. 

"We did everything we could," he said. "I don't see us reaching a verdict."

What's next:

Ven Johnson, the attorney representing the Lyoya family in a civil lawsuit, said he expects that case to take another 2-2 ½ years.

Chris Desmond, with Ven Johnson Law, said that lawsuit has been moving between courts. According to Desmond, Schurr tried to take the case to the United States Supreme Court for immunity, but it was kicked back to a lower court.

A hearing is scheduled for June 17. 

"We are really starting from the beginning," Johnson said. 

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