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Judge deciding if Christopher Schurr will stand trial for fatally shooting Patrick Lyoya

By and Amber Ainsworth
Published  October 28, 2022 5:32pm EDT
Crime and Public Safety
FOX 2 Detroit

Judge to decide if Grand Rapids officer will stand trial in Patrick Lyoya killing

A judge will announce Monday morning if former Grand Rapids police officer Christopher Schurr, who fatally shot Patrick Lyoya, will stand trial.

GRAND RAPIDS, Mich. (FOX 2) - A judge is reviewing paperwork to decide if former Grand Rapids police officer Christopher Schurr will stand trial for fatally shooting Patrick Lyoya in April.

Schurr was fired by the department and is now facing a second-degree murder charge after shooting and killing Lyoya when a traffic stop turned physical. Lyoya was unarmed, but Schurr argues that the shooting was self-defense because Lyoya was grabbing at his Taser.

More: Man who recorded Lyoya shooting testifies

The defense called Grand Rapids Police Capt. Chad McKersie as a witness, and showed him a photo from the shooting. McKersie was asked if Schurr followed the appropriate continuum of force measures.

"Yeah, he was working through his available techniques and responses to what was happening in front of him," McKersie said.

McKersie said when Lyoya swung his arms, he was resisting arrest, which is a felony under Michigan law.

He adds that, according to the video, Schurr looked off-balance while Lyoya was more stable during the confrontation.

McKersie said Grand Rapids officers are trained on weapon retention and deadly force, which doesn’t just include guns, but other weapons on an officer's belt like pepper spray, a Taser, and a flashlight.

Kent County Prosecutor Christopher Becker questioned McKersie about Schurr's firing:

McKersie: "He went through his use of force options to the best of his ability."

Becker: "Then why was he fired?"

McKersie: "I didn’t do that, so I don’t know."

Becker: "By your training standards, that should have led to his termination?"

McKersie: "I didn’t complete that investigation, but it is my understanding there’s no training or procedure violations regarding the use of force."

At the end of the hearing, the prosecution said Schurr showed intent to kill. They want a jury to decide if deadly force was justified.

Schurr’s attorneys argue their client did not break the law and this should not go to trial.

The judge will decide Monday morning at 10 a.m.