KALAMAZOO, Mich. -- The attorneys for Patrick Lyoya's family held a news conference Monday afternoon to provide an update on the civil lawsuit they filed against the City of Grand Rapids and former GRPD Officer Christopher Schurr.
Attorneys Ben Crump and Ven Johnson detailed police policies and procedures they believe Schurr ignored when he pulled over Lyoya, 26, during a traffic stop in April 2022. Schurr later shot Lyoya in the head during a ground scuffle after Lyoya fled.
Schurr faces trial in October on a second-degree murder charge. He was fired by the Grand Rapids Police Department in June 2022.
Lyoya family attorney Ven Johnson said they have responded to the motion by Schurr's attorneys to dismiss the case.
"Schurr filed a motion asking (U.S. District Judge Paul Maloney in Kalamazoo) to throw him out of court - this case, our case against him - because he has a constitutional right to shoot our client in the back of the head," he said.
Johnson said resisting arrest does not give an officer the constitutional right to use excessive, deadly force. He says that is what Schurr's attorneys were claiming in their recent motion asking the judge to dismiss the case.
"We said, 'Oh, no, judge. This case shouldn't be thrown out of court. This case should work its ways to the jury," Johnson said.
Meanwhile, in the criminal case Schurr faces trial in October on a second-degree murder charge related to Lyoya's shooting death during the traffic stop last year. The news conference was streamed live on woodtv.com.
Johnson said Schurr had no reason to shoot Lyoya.
"Schurr was not in reasonable fear for his life by that guy. If he were, why did he turn his back to him in a physical scrap with Patrick, not knowing where that guy was. It shows you point blank that he was not in fear. Why do I keep using that? That is one of the tests. That is what this case is going to be all about in civil (court)," Johnson said.
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