GRAND RAPIDS, Mich. — The Michigan Court of Appeals ruled Thursday that there is enough evidence for former GRPD Officer Christopher Schurr to stand trial for the murder of Patrick Lyoya.
Schurr is charged with second-degree murder after shooting Patrick Lyoya in the back of the head following a traffic stop in April of 2022.
Lyoya disobeyed orders by Schurr and ran from his car. After a physical struggle over Schurr's Taser, which was deployed but missed hitting Lyoya, Schurr unholstered his service gun and shot Lyoya in the back of the head while on top of his back.
The court of appeals said in an opinion that there was sufficient evidence presented at the preliminary examination to establish probable cause.
The opinion notes that both the prosecution and defense agreed on the elements of second-degree murder, that Schurr shot and killed Lyoya, and that the shooting met the malice element. The only dispute was whether Schurr acted without justification in killing Lyoya.
The defense argued that the use of deadly force was justified, but the court's opinion rejected the argument.
"Defendant’s argument on its face would suggest that whenever a police officer is met with force in making an arrest, the officer is always justified in using force, including deadly force, in order to effectuate an arrest. We reject this blanket rule, concluding that use-of-force in making an arrest is more nuanced than defendant’s brief suggests," the opinion stated.
The defense also argued that Schurr was protected in his actions under the "fleeing-felon rule", but the opinion upheld the lower court's decision to not dismiss the murder charge based on that argument.
Another argument brought by the defense claimed that Schurr's actions were justified because he was acting in self-defense. The lower court concluded that the self-defense argument was strong, but there was still enough evidence to bind Schurr over for trial. The opinion of the Court of Appeals agreed with the lower court's conclusion.
"We agree that there is at least sufficient evidence presented at the preliminary examination to establish probable cause that defendant’s actions did not satisfy the standards for use of deadly force in self-defense," the Court of Appeals' opinion concludes.
You can read the court's opinion here:
A dissenting opinion was also provided by the Court of Appeals.
The dissenting opinion argues that a Taser should be considered a dangerous weapon, which could be used in the defense of Schurr.
You can read the dissenting opinion here:
Kent County Prosecutor Chris Becker shared a statement after the ruling by the court.
"I am very pleased with the decision handed down today by the Court of Appeals. They recognized this case should move forward and we were justified under Michigan law in filing the charges we did.
Nevertheless, it is important to caution everyone that this does not imply the case will go to trial anytime soon. The defense has the option to appeal this decision to the Michigan Supreme Court, which we fully expect they will do. They will have 56 days in which to make that appeal. After they file, we would have an opportunity to respond to their arguments, and this process will take additional time. It will then be up to the Supreme Court to decide whether to hear the appeal. In short, we anticipate a further delay in any trial proceedings.
We appreciate the patience of the Lyoya family through all of this. This has been a long road and they have been very understanding through a difficult time for their family. We must let the appeals process continue to ensure we are protecting their rights as well as those of the defendant."
Schurr will have 56 days from now to make an appeal to the Michigan Supreme Court, otherwise, he will head to trial.
Attorney Ven Johnson, who represents the family of Patrick Lyoya, shared this statement:
"The Lyoya family welcomes the news that Christopher Schurr's appeal has been denied, clearing the path for a criminal trial in the murder of Patrick. This marks a positive step towards justice. The family recognizes that there's a substantial journey ahead, remaining distraught over their loved one. They can’t help but be reminded that Schurr can enjoy freedom at home on bond while Patrick lies in a grave. As the trial moves forward, the family anxiously awaits their day in court, not only in the criminal proceedings but also in our ongoing civil lawsuit.”
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