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Lyoya Death Case in Michigan Leaves Reminders of Big Events While Other Principles That Remain Arise

Posted by HCN on Friday, June 10, 2022
Anytime a family loses a loved one, it can be, and certainly most often, is very painful.
Let us talk a moment intermittently about US law, some of which is here and present and in force, but not always talked about.
There are times when for the sake of peace, even if a law enforcement officer has the right to take an action, the potential for unrest and unsettled populace if perceived, could take a precedence, and decisions as to punitive measures upon that officer or officer could be taken for the case of keeping a balance of peace.

That said, there are a few words which naturally arise. Briefly, these are some of the salient:
Patrick Lyoya, has a name that sounds very similar to Patrice Lumumba. Lumumba from the (Republic of the) Congo, Lyoya from there.

When the reports emerged that Lumumba died in1961, there was international unsettlement among certain populaces.

On the point of something for this conversation that can be described in brief words and terms as 'black nationalism', 'socialism', and 'communism', back in the 1960s, as civil rights activism was reaching heights, the era around the Selma to Montgomery (Alabama) marching in 1965, and an era marked by assassinations of a number of civil rights and political figures that advocated civil rights policies, black nationalism/socialism/communism was a tool taken up by some civil rights advocates to gain access to mechanisms like money and clout toward what their objectives were, or in some cases, what they said their objectives were. Decades later, many analysts of American societal safekeeping, fabric, and security, understand the danger of continuing to propagate nationalism/socialism/communism in conflict to democracy, even though the plight of African Americans, judgements based on skin tones and hair types was or is also a priority; the danger is seen in regard to the past, present, and future. Especially when involvement with nationalism/socialism/communism was and is used for greedy aims often involving seeking power, and perceived heights in the narcotics world.

Speaking of narcotics, the Congo, where the individual in Lyoya is said to be from, has had recent growing concerns internationally, not just the US but pertinently for this discussion the US, as having hubs of narcotic trafficking and producing. Menace activities such as concealing narcotics in handbags and selling them on street corners of big cities in Europe at the hands of less fortunate young ladies, has been reported to be coming from the Congo.

Here in 2022, the US aims to be a beacon of freedom. Doors are open for anyone in the world to live anywhere in the US, just about barring certain circumstances. Back in 1965, it would be virtually unheard of for a 20s something man of African descent to be travelling through a residential area of Michigan in  a casual matter.
Nevermind having 'bad tags' on the car.
'Mismatching or illegal tags is grounds for probable cause, and today, in homeland security efforts is enough to constitute an arrestable offense.

Nevermind, in the chronology of what went on between Lyoya and the police officer directly involved, talking in a borderline disrespectful tone as soon as the officer inquired to him about what was going on, as though lack of English language skills, can be an excuses, or maturity in understanding is now significantly younger than your actual age in general. The term for that behavior, and in US law, is contempt of cop.

'Do you have a license?'. Response 'for what?'. The appropriate response is yes or no.

After a certain amount of seconds if the yes no answer did appear, unless it is a serious language barrier or traumatic shock after being injured in accident, the absent cooperation can be grounds for arrest or some kind of containment.

Other activities that went on can be swiftly cited as resisting arrest, endangering a police officer, and endangering the surrounding community, because it is bound a firearm could discharge in an altercation.

The presentment Lyoya had was one of a certain collected hair style possibly braided, in combination with bordering ostentatious earings, in combination with the disapproved behavior.
To analysts that study crime, especially narcotics related, when the referenced outward appearance is seen, in combination with bad tags, and altercations with a uniformed police officer that followed procedure in the early going, the assumption can be taken that a crime of some sort is being facilitated, even if limited to he resist of arrest.

Anywhere one goes in the world, no one has the right to boldly disrespect police officers in the land the tread upon. An American cannot go to the Congo, disobey the rules, then when approached by a police officer when in the wrong, expect that altercating with the officer is an approved action.
A wartime situation might have some different shades of expectations, if the police are soldiers that are violently enforcing evil through evil, engaging in thuggery and so on.

What happened in Kent County Michigan with Lyoya a few months back April, was a police officer presented the engagement that the subject in Lyoya should cooperate.

Many people are frightened for their lives just walking down the street, even driving in certain areas in these times today in the US, as drive-by shootings, and car to car shootings, occur more often than should, the occurrence should be zero.

Unarmed residents that choose to remain unarmed are susceptible to violence at the hands of criminals who are often armed, the arms are often concealed, and the intentions of the criminals are often driven by forces that have overpowered them to the point they have no regard for human life.
Therefore, many times, as soon as a vehicle with bad tags is seen in a nicer neighborhood there is concern.

The altercation that went on between Officer Schurr and Lyoya was for a 'considerable time', perhaps 3 to 10 times longer that 10 years ago, the arrestee would have been shot multiple times and substantiated by police procedure.

Basically, it is not clear whether Lyoya could have pulled a firearm or other dangerous weapon out and shot at the officer, or hit someone else in the surrounding, such as a child in a house nearby, or not. 

Another concern is criminals buying time (such as through borderline grappling and resisting arrest) for their violent accomplices to arrive onto the scene and endanger law enforcement.

On the list of events the Lyoya situation reminds of, includes what sparked the Watts riots.
Story has it Marquette Frye kept resisting police after he was pulled over. The era it occurred, summer of 1965, exacerbated the general unrest that was due to discomfort in levels of equal rights.

Lyoya in 2022, had in recent past, another event involving police and an arrestee, in George Floyd, just over 2 years ago, May 2020.
There were other events, such as the man that made a swift move on police ran from police near the time of the Floyd event.

Lyoya being shot leaves a mar that one more man has been shot. Unrest over the incident should be mitigated, as no further major cases of unrest should occur. With the battles of COVID-19, having no place to call home after neighborhoods have been destroyed through rioting, is not going to help.

Human life is human life. Whether wearing blue, in plainclothes, wearing a sweatsuit, a sports uniform after practice, or religious clothes, or coming back from a party where everyone wore long coats such as teenagers due in their vagaries.

The number of police officers and law enforcement that have been shot and severely injured is a major factor in judging the Schurr and Lyoya case.

Resource, check please: https://www.respondersafety.com/

Citing, in just 2022, these also big events:
Arroyos, LAPD, January 2022

African American, perhaps in description, Wildlife Officer, Florida, June 2020; gunfire

Det Rivera, NYPD, 1/'22

Corp Galloway, TX, 1/'22

Officers Jefferson and Painter, Bridgewater College, VA, on first February, '22. Directly relevant in situation, shot while responding to suspicious activity.

Constable Adams, TX, 2/'22; assaulted by fist, en segue disarmed, shot by his firearm. - This is the type of thing that can happen in an ongoing altercation.

Corporal Cooper, and Officer Reed, MO, 3/'22,  similar or elements similar to above two incidents, responding to a disturbance in a shopping location

Officer Ogilvie, VA, 3/'22 shot after responding to erratic behavior

Officer Rocha, WA, 3'22 - precisely the situation that is being discussed, interface with a suspicious person that turned violent with both firearm and vehicle

Last week, Deputy Sheriff Baker, WV, June 3, 2022, shot after an approach upon the suspects, apprehension attempt, cooperation was breached by suspects, chase ensued, taser fired, then fired on incident

NY, CA, MD, VA, TX, WA saw a large proportion of assaults on police through use of firearm in 2022 as the mid point of the year approaches.

There have been numerous assaults on officers through vehicles.

Lenehan, CA, 1/'22, vehicular assault

(Assisting resource for list above: ODMP)

The idea of police procedures is to minimize injury to arrestee, suspects, bystanders, and the police themselves. When cooperation does not take place, awry events can happen; which, substantiate the use of force by officers at certain times. If the determination is made by the police to discharge their firearm, whereas or without whereas, but when there is reason, reasons could include a sense of ongoing danger or threat to the community, to officers, and other factors according to police procedure and teachings, especially after their energy being drained and other impacts of altercation, then it is a very serious matter of judging the police judgement, who was the only one who could undergo the moment in that moment. That is a spot where leniency is sometimes, or at least should be, granted to the officer.

Justice and leniency are two different things. Leniency does not always mean a police officer that discharged their weapon on to a suspect or victim walks scot free from punitive measures.

Today June 9th, 2022, discussion at hand is sending Officer Schurr to jail for life. Arraignment scheduled for tomorrow, Friday.

Unfortunately because there have been so many incidents of either violence involving police officers or violence upon police officers, it may be possible there are many that still do not know the full details of the case, whom could constructively contribute to the judgement on the case. Higher courts may be warranted to be involved.

Lyoya was shot once. Spoken words were said immediately to the surrounding persons. The subject of sobriety and procedure is brought up. 

Sometimes police officers become overwhelmed of an event that involves discharge of a firearm, feelings of guilt, remorse, being upset and so on could emerge, and take actions such as resigning, or turning themselves in; however this does not automatically mean that the officer is actually guilty of a crime, moreover a crime at the moment it happened.

As much as the want may exist for equal rights, 'black nationalism'/socialism/communism, is not going to take its opportunity to be the horns of the bull to take off and disproportionately advocate a justice that is disproportionately unfair to either side, victim, police, or police victim, for any case. No nationalism/socialism/communism that attempts to overrun democracy and its values should exist; that is the whole point of the path of democracy the US is on.


Further reading: Titusville, Florida police officer Joshua Payne, December 2021 incident, shooting of Lowery, facing charges



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Update August 1, 2022
According to https://www.irrawaddy.com/news/burma/myanmar-junta-extends-state-of-emergency.html, Hliang set before the body a proposal of allowing him to serve 6 more months, whereat word has arrived in the press that a 'State of Emergency' has been extended 6 more months. HCN comment, it may be clear that a 'State of Emergency' in their meaning might not be exactly the same as it is in the US. Perhaps English descriptive term State of Emergency in the context of the Burma/Myanmar crisis is a translation of something.

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Reports of riot at detention center in what appears to be Kedah State, Malaysia with past several days; 6 fatalities in aftermath; those fleeing Myanmar, over 300 're-arrests'. Ramifications of power overturn is how wide?

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Update June 19, 2021: Looks like Rohingya taking the brunt, no matter which way the developments go- story here https://www.hcrestnews.com/intercontinental-news/denialed-undeniable-rohingya-have-been-facing-brunt-of-oppression-no-matter-what-the-turn-of-events. Village burned to the ground, Kin Ma, June 17th, 2021, elderly dead in the process- elderly victims, plus corpses coming back without organs, equals what, not a tone that says perpetrators deep, perhaps just simply evil. May 26, 2021: An American journalist is detained; officials have died in custody. Pictures of armed soldiers in camouflage have been released, wearing white face masks (presumably due to COVID-19).. not to be disrespectful in asking, but why undermine the entire camouflage with white mask?, is a question that presents, when assessing the situation
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Update Sunday May 9, 2021: NUG poised to set up a people's defense force; 8 protestors reported killed when fired on by security forces on Sunday May 2, 2021 thereabout, in Kyaukme, Shan State. Those events post April ASEAN meeting [..arriving classic off the airplane on red carpet, clasped hands, modern day dress suit considered Western; 3 finger wave, about as ancient... Debate on who is welcoming who.]
Static pro tem statement: There is an emergency situation in Myanmar... content deleted 4/15..Details still becoming clear.. still no signs that the current situation is not at genocide level (Original headline Saturday April 10, 2021)
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