From Mistrial to Momentum: Will Michigan AG Retry Christopher Schurr in the Death of Patrick Lyoya?

The future of the criminal case against former Grand Rapids police officer Christopher Schurr hangs in the balance. Following the Kent County Prosecutor Chris Becker’s action that he would not move forward with a retrial following a hung jury leading to a mistrial, attention has turned to Michigan Attorney General Dana Nessel. The burning question on everyone’s mind now is – will she step in?

This case has been closely followed since April 2022, when Schurr shot and killed 26-year-old Patrick Lyoya after a traffic stop that quickly escalated into violence. The shooting, captured on video, had the community in an uproar and brought concerns regarding police use of force generally, but specifically against Black individuals. Schurr was charged with second-degree murder in June 2022 following a lengthy investigation. But with the jury unable to come to a unanimous decision during the trial, the case ended in a mistrial last week.

After that ruling, Prosecutor Becker indicated he would not try again, citing the split decision of the jury – 10 for acquittal and just two for conviction. “I don’t think we arrive at a different verdict if I do a retrial,” Becker said. From his vantage point, the chances of an effective prosecution were too marginal to invest the time and effort in another trial.

But not everyone was so pleased with this outcome.

Justice organizations, including the Greater Grand Rapids NAACP and the Urban League of West Michigan, are now asking Attorney General Dana Nessel to take over the case. They argue that justice was not achieved and that a retrial by the state’s top law enforcement agency might offer a better chance of accountability.

Urban League president and CEO Eric Brown was one of the strongest voices supporting Nessel’s intervention: “We are urging her to bring charges, to take this up so the Lyoya family and our community can receive the justice it so rightfully deserves.” Brown highlighted the local support and indicated that Nessel intervening might restore confidence in the justice system.

Therefore, can Nessel actually do it?

Technically, yes. Prosecutor Becker acknowledged that while it’s not usual, the attorney general does have a right to intervene on a case like this one. He said, “Technically, the attorney general could. She never has before. But technically I think that’s always a possibility.” But he also noted that he hasn’t yet heard from Nessel or her office as to whether they have any plans to get involved.

Interestingly, precedent already existed in Nessel’s willingness to take on high-profile cases against police officers. In 2022, she opined publicly that she frequently encourages local prosecutors to refer police-shooting cases to the AG’s office. Her reason? He says it puts those local prosecutors in an uncomfortable position because of their frequent working relationships with local police. In her own words: “The Department of the Attorney General is best suited to handle these cases.”

Despite this position, Nessel’s office was not involved in Schurr’s trial. Becker elected to proceed with the case on her own. Responding to criticism that she was trying to create her “own Derek Chauvin” when she responded on social media amid jury deliberations last month, Nessel named the Minneapolis officer who was convicted of killing George Floyd. In her tweet, Nessel clarified, “Christopher Schurr was prosecuted and charged by Republican Kent County Prosecutor Chris Becker. My office had nothing to do with it.”

With Becker now recusing himself, it is in Nessel’s hands.

The pressure is mounting. Community leaders are urging her to act publicly. The Lyoya family and their supporters are still pursuing what they feel is a fair trial. To them, the initial trial that ended in a mistrial with an acquittal-biased jury – is no closure. They believe a retrial under Nessel’s administration would be a different scenario.

It’s not necessarily about this case, either. For others in Grand Rapids and elsewhere, it’s a matter of the way police-involved shootings are resolved and whether or not justice can be had in a system where prosecutors often work together with the same officers they may be called upon to charge.

That is why the attorney general’s potential involvement is such a big deal. As an outsider to the regional police departments, Nessel could be seen as more objective someone who can approach the case with fresh eyes and an open mind.

Of course, there will be obstacles. Nessel would need to determine whether there is enough new or newly considered evidence to reopen the case. She would also need to determine whether seeking a retrial is a priority for her office and is allowed by law. Political expediency, public opinion, and legal precedent will all enter into the decision-making process.

So far, Nessel has made no public pronouncements since the mistrial regarding whether she intends to intervene. News organizations have contacted her office, but as of yet, there has been no official word. That silence places the community and the Lyoya family in limbo.

For now, the nation’s eyes are on Lansing, waiting to see if the state’s top law enforcer will step in where the local prosecutor has elected to take a pass. Will Dana Nessel reopen the case against Christopher Schurr? That remains to be seen. But one thing is certain: the call for justice in Patrick Lyoya’s death is far from over.