The Michigan Court of Appeals has denied a request to reconsider its earlier opinion, upholding that a former Grand Rapids police officer should stand trial for murder in the 2022 killing of a Black motorist. The court's ruling on Jan. 25 stated that there was sufficient evidence to establish probable cause that the officer's actions did not meet the standards for the use of deadly force in self-defense.
The second-degree murder charge against the former officer stems from a morning traffic stop that resulted in the fatal shooting of Patrick Lyoya, a Congolese immigrant. The incident, which occurred on April 4, 2022, involved a short chase and struggle before Schurr shot Lyoya in the back of the head while on top of him.
A video of the incident was released, showing Schurr repeatedly instructing Lyoya to release the officer's Taser. The appeals court noted that while Lyoya was physically resisting Schurr's attempts to subdue him, there was no evidence of Lyoya physically attacking the officer.
The court's ruling highlighted that Schurr had called for assistance from other officers, who were on their way, although it was unclear how long it would take for them to arrive at the scene.
Schurr's defense argued that the murder charge should be dismissed, citing the law that allows the use of deadly force to prevent a fleeing felon when the officer reasonably believes a felony has occurred. Prosecutors, however, pushed for a jury trial to determine the charges.
Schurr was terminated from his position in June 2022 after being charged with murder.
