Under proper police protocols, the former Grand Rapids officer who fatally shot Patrick Lyoya last April should not have engaged in a physical confrontation with the 26-year-old Black man, experts hired by his family said Monday.
The analysis came during a press conference to discuss “new evidence” in the Lyoya family’s $100 million lawsuit against former Grand Rapids law enforcement officer Christopher Schurr and the City of Grand Rapids in connection with the April 4, 2022, traffic stop.
Authorities say that Schurr, 32, pulled over 26-year-old Loyoya for a license plate violation. When Lyoya, whose blood-alcohol level was higher than the legal limit, tried to flee the scene, he was fatally shot in the back of the head. Schurr has since been charged with second-degree murder and will face a trial in October.
“This is simply a case of driving while Black and we don’t ever need to let that issue get swept under the rug,” prominent civil rights activist, and the family’s lawyer, Ben Crump said on Monday. “It all would have been avoided had this police officer not profiled this Black motorist.”
The lawyers also revealed affidavits from two experts on police policy and procedure—who revealed that Schurr did not follow protocol. The two affidavits were filed in response to Schurr, who claims he acted in self-defense, and the City of Grand Rapids motion to dismiss the case.
Thomas Tiderington, a retired Fort Lauderdale Police Department’s Special Investigations Division commander, wrote in an affidavit that “there was no objective basis for Schurr to legally effect a traffic stop of Lyoya’s vehicle.” he added.
“Had Schurr followed proper protocols, Lyoya more likely than not would be alive today,” Tiderington said. “Schurr should have and could have followed those police protocols instead of choosing to needlessly engage with Lyoya physically.
Authorities say that the shooting happened just after 8 a.m. when Schurr and Lyoya were driving in opposite directions—prompting the officer to turn his car around to check the license plate.
In footage played at the press release, Lyoya can be seen stepping out of his beige sedan after Schurr stops him. The interaction quickly escalates after Schurr can be seen grabbing Lyoya from behind and the two struggle with a Taser. Schurr maintains that during the altercation Lyoya got ahold of his Taser—before trying to run away.
In his affidavit, W. Ken Katsaris, a certified Florida Law Enforcement officer, notes he did not see Lyoya gain control of the Taser’s grip in the footage—and also reiterates that Schurr should not have physically engaged him.
“Contrary to his training, Schurr was improperly using dual force by physically engaging with Lyoya while also holding his Taser,” Katsaris said.
Tiderington, seemed to agree, writing in his own affidavit that Schurr “chose to initiate physical contact with Lyoya” as the Congolese immigrant walked away. Instead, he said, Schurr should have waited for backup.
Ultimately, the struggle for the Taser lasted about 90 seconds before Lyoya was pushed on the ground with Schurr on top of him. In the footage, the officer is heard yelling to “drop the Taser” before ultimately taking out his gun, putting it in the back of Lyoya’s head, and shooting him.
“When Schurr held his firearm to the back of Lyoya’s head, it is my opinion that Schurr did not have a reasonable fear for his life,” Tiderington wrote. “Therefore, it was unreasonable for Schurr to use deadly force against Patrick.”
Schurr was ultimately discharged from the Grand Rapids Police Department. A commander previously testified that Schurr followed the department’s protocol—and that he was only fired because of the criminal charges against him. Peter Lyoya, the 26-year-old’s father, also spoke at the press conference on Monday, expressing his “pain” over losing his son.
Matthew Borgula, Schurr’s attorney in the criminal case, told News 8 on Monday that he has spoken to several experts who say that Schurr did not use excessive force during the incident.
“The unanimous consensus of police procedure experts to whom I have spoken and who have looked at this case agree that Officer Schurr did not use excessive force and was justified in using force during the arrest of Patrick Lyoya.,” Borgula added. “The plaintiff’s attorneys in this case are likely attempting to try their case, once again, in the public forum.”