DETROIT — One day after police released the name of the officer who shot and killed Patrick Lyoya, the Greater Grand Rapids NAACP is demanding the officer be fired, the Kent County prosecutor recuse himself from the investigation and Michigan Attorney General Dana Nessel step in.
During a news conference Tuesday outside the Kent County prosecutor’s office, Cle Jackson, president of the Greater Grand Rapids NAACP, said police Chief Eric Winstrom should not only terminate Officer Christopher Schurr but "start the decertification process that will not allow him to ever serve as a police officer in the state of Michigan."
Jackson also pushed for a prosecutor from outside Kent County to review the case.
He and Kent County Commissioner Robert Womack, who has denounced the shooting and worked with Lyoya's family, said the Kent County prosecutor's office is too closely involved with those who oversee Schurr.
"We believe and agree that based on the historical relationship between the Kent County prosecutor's office and the Grand Rapids Police Department that a fair and unbiased investigation cannot occur," Jackson said. "Fundamentally there are too many conflicts of interest. Therefore we are demanding that Kent County Prosecutor Chris Becker recuse himself from this investigation."
Police representatives did not immediately respond to a request for comment.
In an email to The Detroit News, Becker said state law calls for his office to recuse itself from a case if there is a conflict of interest such as a prior attorney-client relationship, personal interest in the litigation or some personal relationship with the accused.
"Because I do not know Officer Christopher Schurr, nor did I know Patrick Lyoya, the legal standard for recusal has not been met," he said. "I will continue to follow the law regarding this investigation, and I will wait for the report from the Michigan State Police to review the case in light of the law and the facts."
Jackson told the News on Monday that he was happy to see the officer's name released, and said it will help the public learn more about him through public records requests, such as whether Schurr was involved in any misconduct or the subject of any internal affairs investigations. And he added that a probe of Schurr’s work history might find that he’s been a good officer.
According to video that captured the incident and was released by Grand Rapids police earlier this month, Lyoya was face down on the ground and trying to rise when he was shot in the back of the head by Schurr during a traffic stop on April 4. Schurr, who is white, was on top of him and can be heard on video demanding that Lyoya take his hand off the officer’s stun gun.
Schurr is heard earlier saying Lyoya was stopped because the license plate did not match the car Lyoya was driving in a Grand Rapids neighborhood. Lyoya declined to get back into the vehicle as ordered and fled the scene. A short foot chase ensued before the deadly struggle.
Michigan State Police are investigating the shooting. Once the agency’s investigation is completed, it will be forwarded to the Kent County prosecutor’s office for the consideration of any charges. Becker has told the public not to expect a quick decision.
During Lyoya’s funeral Friday, the Rev. Al Sharpton demanded authorities publicly identify Schurr and that the U.S. Justice Department investigate the shooting.
Jackson on Tuesday said Nessel's office could take over the investigation.
"She has the full jurisdiction and legality to step in immediately," he said.
In a statement, Nessel said: "It is my expectation that the Grand Rapids Police Department will fully cooperate with the Michigan State Police in their investigation and that the local prosecutor will perform a thorough analysis of the facts and law that apply in this case. Normal protocol dictates the case is delivered to the local prosecutor. I stand ready to accept a referral of the case, should the Kent County Prosecutor determine the expertise of my department is warranted.”
