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Following Kent County Prosecuting Attorney Christopher Becker’s announcement on Thursday, May 22, that ex-Grand Rapids Police officer Christopher Schurr will not will not be retried in the shooting death of Patrick Lyoya in 2022, Levine & Levine Managing Partner Randall Levine spoke with WWMT News Channel 3 about the prosecutor’s decision.
“I’m actually notsurprised by his decision based on whatbecame known as an overwhelming feelingof the jury for acquittal,” Levine said in his interview. “I think that the government and thedefense had an opportunity to talk tojurors. I think that the juryheard the entire case, and based on theevidence, they were unable to come to averdict, and the overwhelming sentiment inthat jury room was for a verdict of notguilty and so the likelihood is thateither that would occur again or Mr. Schurr was likely to be acquitted. Ithink the prosecutor took that intoconsideration in making the decision notto retry him.”
Schurr had been charged with second-degree murder for fatally shooting Lyoya in Grand Rapids in April 2022. During his trial in May, jurors also considered a lesser charge of voluntary manslaughter. After days of deliberation, the jury could not come to a unanimous decision for a verdict and the case was declared a mistrial.
“Every case is unique,” said Levine, who is not connected to the case. “This is one of those cases where you hada white police officer who, ultimately, took the life of a black motoristduring a confrontation.These cases have occurred across the country and I think it speaks volumes tothe need, perhaps, for some fundamental changesin the way we police our citizenry. I’m not suggesting thatthe mistrial in thiscase was not warranted.All I’m sayingis that this was a tough case both forthe government and the defense. In acriminal case, a verdict must beunanimous. I think the prosecutingattorney recognized that the likelihoodof him getting a group of 12 citizensof Grand Rapids to be unanimous about a conviction, based on the facts of this case, was unlikely.”
A rally in support of Lyoya’s family was held later Thursday evening in Grand Rapids. Levine spoke with WWMT about what could be the next steps for the Lyoya family.
“They have a civil lawsuit,” said Levine. “Youmay recall many years ago, OJSimpson was tried and acquitted and then there was a civil case against him. There’s a civil casepending now (against Schurr). In a civil case, whereliberty is not involved but it’s aquestion ofcompensation, you don’t need unanimity and your burden of proof is notbeyond a reasonable doubt – it’s only by apreponderance. The standardis a lot lesser in a civil case and Iexpect the civil case will go forward. I would not be surprised whetherit settles for a significant amount ofdamage.”
Watch the full interview, here.
