Ed. Note: Greg Prickett is former police officer and supervisor who went to law school, hung out a shingle, and now practices criminal defense and family law in Fort Worth, Texas. While he was a police officer, he was a police firearms instructor, and routinely taught armed tactics to other officers.
On April 4, 2022, an unidentified Grand Rapids, Michigan police officer fired a single shot into the back of the head of Patrick Lyoya, killing the 26-year-old, who was from the Democratic Republic of the Congo. The officer was white, Lyoya was black, and there was both body camera footage and cellphone video of the shooting.
I’ve watched the videos repeatedly, and believe that the officer was justified in killing Lyoya based on the following:
• The officer stopped Lyoya for driving a car which was displaying license plates for another vehicle.
• Lyoya attempted to flee and was tackled by the officer after a short chase.
• Lyoya then actively resisted the officer, refusing to put his hands behind his back.
• Telling an officer that you are not resisting when you are is not going to change the officer’s mind that you are resisting.
• When the officer drew his Taser to subdue Lyoya, Lyoya fought him for control of the weapon.
• Loyoya not letting go of the Taser indicates that he may intend to harm the officer.
• By the end of the struggle, Lyoya had control of the Taser, which although “less-lethal” is still a weapon.
• Commentary by Lyoya’s passenger for the officer to just “talk” while Lyoya is still clearly fighting is meaningless.
• Had Lyoya tased the officer, he would be able to take the officer’s firearm.
• Once Lyoya had the Taser, the officer’s only choice was to use deadly force to protect himself.
It’s both sad and tragic, and while I understand the grief of Lyoya’s family, it’s not criminal or a wrongful death. It’s not an execution, as Lyoya’s father has claimed through his interpreter (the father does not speak English). It also shouldn’t be turned into a political football by the gubernatorial candidates, who are staking out positions based on the video and their supporters.
It’s a tragedy, but it is what happens when a young person decides to fight the police and there are weapons involved. It’s what happens when a group of the populace has lost confidence in the police due to past incidents and a perceived lack of accountability.
The case is being investigated by the Michigan State Police and the Kent County prosecutor is waiting on the conclusion of that investigation. This will likely result in a no prosecution decision, as it should in this case.
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