Judge won't dismiss murder charge, orders Grand Rapids trooper to trial in Patrick Lyoya shooting
Ex-Grand Rapids police officer going to trial for shooting death of Patrick Lyoya
Judge Nicholas Ayoub said that while there may be facts that could give a judicial officer pause when considering the charge, it was up to a jury to decide if the evidence proved without a reasonable doubt that Christopher Schurr murdered Patrick Lyoya.
GRAND RAPIDS, Mich. (AP) - 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 struggle over a Taser.
Christopher Schurr is scheduled for trial March 13 in the shooting death of Patrick Lyoya last April. Circuit Judge Christina Elmore rejected defense attorneys’ motion to throw out the case.
Schurr’s lawyers argued he acted in self-defense and that Michigan law allows police officers to use deadly force to stop someone from fleeing and to make an arrest. Video recordings showed Schurr was straddling Lyoya’s body as the Congolese refugee lay face down beneath him.
Prosecutors said the district court did not abuse its discretion in finding probable cause to proceed to trial. A judge at a preliminary hearing found sufficient evidence that a jury could conclude Schurr did not reasonably believe his life was immediately at risk.
RELATED: Man who recorded fatal Patrick Lyoya police shooting testifies at hearing for Christopher Schurr
Schurr was fired last June after spending months on paid leave. He spent one night in jail, then posted bond.
Attorneys for Lyoya’s family have filed a separate civil lawsuit against Schurr and the city of Grand Rapids.