A Michigan judge on Friday refused to dismiss a second-degree murder charge against a former Grand Rapids police officer who was fired after shooting a black motorist in the back of the head during a fight over a Taser.
Christopher Schurr’s trial is scheduled for March 13 in the shooting death of Patrick Lyoya last April. Circuit Judge Christina Elmore denied defense attorneys’ motion to dismiss the case.
Schurr’s attorneys argued that he acted in self-defense and that Michigan law allows police officers to use deadly force to prevent someone from fleeing and make an arrest. Video recordings showed Schurr straddling Lyoya’s body as the Congolese refugee lay face down below him.
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Prosecutors said the district court did not abuse its discretion in finding probable cause to proceed to trial. A judge in a preliminary hearing found enough evidence for a jury to conclude that Schurr did not reasonably believe his life was in immediate danger.
Former Grand Rapids Police Officer Christopher Schurr appears for a court hearing in Grand Rapids, Michigan on October 26, 2022. On Monday, January 9, 2023, Schurr’s attorneys asked a judge to dismiss the case. The judge denied the request.
(Cory Morse/The Grand Rapids Press via AP, File))
Schurr was fired last June after spending months on paid vacation. He spent a night in jail and then posted bail.
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Lawyers for Lyoya’s family filed a separate civil lawsuit against Schurr and the city of Grand Rapids.
