GRAND RAPIDS, Mich. — It's been nearly three years since Patrick Lyoya was shot and killed, initially stopped for a traffic stop for expired tabs. He was shot during an interaction with former Grand Rapids Police Officer Christopher Schurr.
Friday, April 4 will mark exactly three years since Lyoya's death.
At the end of this month, a criminal trial is set to begin.
FOX 17 spoke with the civil attorney representing the Lyoya family on Tuesday.
Video captured by a civilian showed Schurr shot Lyoya in the head, during a struggle over Schurr's taser.
READ MORE: Video footage shows GRPD officer shoot Patrick Lyoya in the head
Attorney Ven Johnson says this story is far from over, speaking with FOX 17 in front of the Kent County courthouse.
“Sad that it’s been three years; we’re now on the verge of starting the criminal trial,” Johnson said.
Schurr's criminal trial is set to start April 28. He's charged with second-degree murder.
“In the criminal trial, the burden is on Mr. [Chris] Becker, the prosecution. He has to prove beyond a reasonable doubt that Schurr was not reasonably in imminent fear for his life at the time he pulled the trigger,” Johnson said.
Johnson explained the difference between the criminal case, which is being brought by the Kent County prosecutor's office, and the civil case, which Johnson's law firm is responsible for.
Johnson says it will likely be years before a resolution is reached civilly.
“In civil cases, it’s a lower burden of proof. It’s called beyond a preponderance of evidence, so it’s like basically 51% or more. That’s what I have to prove. That would hold the officer responsible. Hopefully, the City of Grand Rapids is responsible for failure to properly monitor, supervise and train the officer appropriately.”
Johnson says his eyes will be on the criminal trial.
“The criminal case often never even exists. So in my 30-some years of experience in these cases, only about 1%, if even that, end up in charges. So it’s significant that we have criminal charges here,” Johnson said.
FOX 17 reached out to the law firm representing Christopher Schurr civilly and did not hear back as of the time of publication of this article.
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