Patrick Lyoya's family, lawyers threaten lawsuit, call for justice after video released

Patrick Lyoya's family is devastated.

It's been 10 days since he was shot in the back of the head by a Grand Rapids police officer after an April 4 traffic stop. 

"(The video of the shooting) was the most horrifying thing I’ve ever seen in my entire life," said Thomas Lyoya, Patrick Lyoya's younger brother, during a Thursday news conference.

Video footage released Wednesday depicts a white Grand Rapids police officer fatally shooting 26-year-old Patrick Lyoya. State officials have promised a full investigation.

The Lyoyas are refugees who fled Congo to escape violence in 2014. Patrick Lyoya's mom, Dorcas Lyoya, said she thought the U.S. would be safe. 

"He is my firstborn," she said. "I am really deeply hurt and wounded. I don’t know what to do, I cannot stop myself from crying. All the mothers here, you know the pain we go through to give birth to a child... I was thinking it was my son who would bury me, but I am the one burying my son."

Patrick Lyoya's parents spoke through a translator, Israel Siku, who at one point was himself overcome with emotion.

The video released by Grand Rapids police sparked a national outcry and calls for justice. 

Ben Crump, the Lyoya family's attorney, has previously represented the families of George Floyd, killed by Minneapolis police in May 2020, and Breonna Taylor, killed by Louisville, Kentucky, police in March 2020.

Crump compared the treatment of Blacks by police to what Russian soldiers are doing in Ukraine.

More:Grand Rapids police release video of officer fatally shooting Patrick Lyoya

More:Recap: Lyoya family to speak after Grand Rapids police shooting video released

“We are condemning Russian soldiers for shooting civilians in Ukraine in the back of the head," Crump said. "Why aren’t we condemning police officers here in the United States of America shooting Black civilians in the back of the head? It's a simple question. If it's wrong in Ukraine ... it's wrong in Grand Rapids, Michigan."

Crump thanked the Grand Rapids city manager and police chief for releasing the video, because "truth is the foundation for us to get justice."

He also demanded authorities release the name of the officer who shot Lyoya, fire the officer and prosecute him.

In the video, Patrick Lyoya and a passenger were pulled over by the unnamed officer for a traffic stop. Lyoya appeared not to comply with the officer's requests to stay in the car and to provide his driver's license. He ran around the car, the officer tackled him and they appeared to struggle over the officer's stun gun for about 90 seconds, Police Chief Eric Winstrom said.

The Taser was deployed twice, but never made contact.

Then, with the police officer on top and Patrick facedown on the ground, the officer shot him in the head. 

"When you think about all the things (the officer) could have done to avoid shooting Patrick in the back of the head," Crump said. "This officer failed to follow the basic training when he engages Patrick, he goes and puts hands on him. And when Patrick goes to walk away, he could have just stepped back and called for backup... All he had to do was to call for backup and wait, and this matter could have ended so differently."

Crump said that the police department's model of Taser only has two deployments in it before the cartridge needs to be replaced. Therefore, Crump said, the Taser was "rendered ineffective" when the officer fired his gun and there was "no reason" for the officer to be scared.

The police department uses the Taser 7 model, according to spokesperson Jennifer Kalczuk. She confirmed the Taser only has two cartridges, but said it can still produce an electrical discharge across the leads in the front of the device.

"You cannot shoot and kill an unarmed man because he resisted," said Ven Johnson, another attorney for the family. "You will hear that Patrick tried to take the Taser away. Folks, I just saw this yesterday. I watched it 400 times… You cannot be in immediate fear for your life when you’re on top, and no weapon was ever being used against the officer."

The footage is a compilation of videos from a cellphone, a home security camera, a dashboard camera and the officer's body camera, which was deactivated during the struggle.

Johnson said the family intends to file a federal lawsuit over the killing.

"Patrick had no weapon, no gun, no knife, nothing," Johnson said. "Patrick never threatened him."

Gov. Gretchen Whitmer offered more information about the family's immigration to the United States on Wednesday, and said she "will never stop fighting to make Michigan a more equitable and just state.” 

“The lieutenant governor and I spoke with Patrick’s family and our hearts are with them and the Grand Rapids community who are dealing with unimaginable pain and loss," she said. "Patrick was 26. He arrived in the United States as a refugee with his family fleeing violence. He had his whole life ahead of him. Patrick was a son, a dad of two young daughters, and an older brother to his five siblings."

The Lyoya family is calling for police to release the name of the officer who killed Patrick. 

"I want to know the person who killed my son," said Patrick Lyoya's father, Peter Lyoya. "I have the right."

Peter Lyoya also called for an arrest and conviction. 

Breonna Taylor was born in Grand Rapids and was also shot and killed by police when she was 26. 

Taylor's mom, Tamika Palmer, was at the news conference in solidarity with the Lyoyas. She said enough is enough. 

“I know what it feels like to lose your 26-year-old child by the people who are supposed to protect and serve us," Palmer said. "It’s clear what needs to happen. We can’t keep letting these people kill our children. The only thing that needs to happen is this officer needs to be arrested, convicted and prosecuted.”

Contact Emma Stein: estein@freepress.com and follow her on Twitter @_emmastein. Contact Niraj Warikoo: nwarikoo@freepress.com