GRAND RAPIDS, Mich. — The investigation into the death of Patrick Lyoya is at a stalemate.
Lewis Langham, Cooley Law Professor, criminal defense attorney, and retired Michigan State Police Detective wants people to know: that's normal.
“Television, a movie is a little bit different than reality. Everything does not get wrapped up within the hour. It does not work that way,” Langham said.
Langham, saying Michigan State Police may be finished with their portion of the fact-finding, but there are other sources of information the prosecutor's office will want to have before making a decision.
Langham, explained that if charges are authorized—the clock starts ticking for potential court dates. State law only allows so much time to pass, before court dates. That's the standard for anyone in Michigan.
If charges are not authorized, the prosecutor's office will release their decision and explain why. If they are authorized, they likely will not comment because it's an active case.
Still, the waiting continues for bits of forensic evidence. For example, the taser and body camera used in this incident will be reviewed by their manufacturer to get checked out.
"They would need to know, was the taser, how does the taser work, was it in proper working order on that particular day with that particular taser? There’s also the question of the body camera,” Langham said. “What does it take to turn off the body cam? It really takes holding the body button down for 3 seconds. They need to make sure that’s the case. They may find out it's five seconds."
The officer has the same option as anyone else to use invoke their fifth amendment rights and not speak to state police.
“I think everyone wants it to be done correctly. And I think if the prosecutor wants to charge, you wouldn’t want them to be unprepared,” Langham said.
