Patrick Lyoya shooting: Lawyers allege profiling in suit filed against Grand Rapids, former officer Schurr

GRAND RAPIDS, Mich. (FOX 2) - Attorneys representing the family of Patrick Lyoya allege racial profiling and excessive force after he was shot and killed by a Grand Rapids police officer earlier this year.

Ven Johnson and Ben Crump detailed a civil lawsuit filed against both former Grand Rapids police officer Christopher Schurr and the city. 

Lyoya was fatally shot by Schurr during a traffic stop on April 4. Schurr said the license plate on Lyoya's car did not belong to that vehicle, though according to Johnson, an investigation report by Michigan State Police never concluded if that were true.

According to Johnson, Schurr's car did not have a license plate reader, so he wouldn't have known if Lyoya's plate was incorrect, while Crump said Lyoya was "stopped for driving while Black."

Watch: Here's what the Patrick Lyoya shooting videos showed

Johnson said Wednesday that Schurr used "unnecessary, illegal excessive force." He also alleged that the training city police receive contributed to those actions. Johnson noted that the police department had 79 citizen complaints over excessive force between June 1, 2015, and May 21, 2020. Of those complaints, only two officers involved weren't cleared by the department.

"We will prove that the policies and practices of the city of Grand Rapids as it relates to the use of excessive force actually led to Schurr utilizing excessive force," Johnson said.

The Michigan Department of Civil Rights said it has received more than 60 complaints of profiling and discrimination, the attorneys said.

During a press conference, the attorneys presented evidence bolstering their claims, including footage from Schurr's body camera before it was deactivated. That footage showed what happened before Lyoya was stopped in the area of Griggs Street SE and Nelson Avenue.

More: Man who recorded Lyoya shooting testifies

The beginning of the body cam footage had no sound as Schurr turned his car around to follow Lyoya. Johnson said this is because the patrol car's lights and sirens were not activated. He followed Lyoya for a while before turning them on.

As previously released video showed, when Schurr pulled Lyoya over, Lyoya got out of the car. Schurr approached Lyoya and there was a struggle before the officer attempted to Tase him. It has been argued that Lyoya, who was unarmed, was trying to take the Taser from Schurr, which allegedly made the officer fear for his life.

Johnson argued this, saying that the Taser was sent to the maker, who said Schurr tried to Tase Lyoya twice. This means that no prongs would have been fired if Lyoya were to get ahold of it and pull the trigger. However, the Taser would be able to stun someone if placed against their skin.

"Schurr knew that his taser was incapable of being fired," Johnson said.

Johnson showed photos of Lyoya's hand over the front of the Taser as Schurr's hand was holding it. 

Lyoya was eventually shot in the back of the head.

"So, when you take driving while Black, plus excessive force, you end up with Patrick Lyoya being unjustly executed by this Grand Rapids police officer," Crump said. "You should not be sentenced to death for a traffic stop."

Crump argued that racial profiling and race, in general, were big factors.

"We don’t see them shoot white people in the back of the head for traffic stops," he said.

In a statement, a spokesperson from the City of Grand Rapids said, "We have not yet received the lawsuit and are unable to address the specifics. Upon receipt, we will review the lawsuit and respond appropriately in court."

Schurr, who is facing a second-degree murder charge will stand trial.