Michigan Judge Refuses to Dismiss 2nd Degree Murder Charge Against White Cop who Fatally Shot Patrick Lyoya

From [HERE] Michigan Circuit Judge Christina Elmore Friday refused to drop a second-degree murder charge against Christopher Schurr, a former police officer for the Grand Rapids Police Department. Schurr was on paid leave and then fired after fatally shooting Black motorist Patrick Lyoya in the back of the head during a struggle over a taser.

On April 4, 2022, Loyoya was able disarm the officer of his taser during his arrest as the taser was being aimed at him. After being repeatedly asked to “drop the taser,” Lyoya continued to resist before Schurr fired a single shot to the back of Lyoya’s head.

A motion was filed by Schurr’s attorneys to quash the district court’s decision to send the case to trial, because of the video evidence. The attorneys explained that there were multiple ways in which Schurr’s use of deadly force could have been legally justified—notably, the fleeing felon rule, self defense doctrine, and using force to subdue the force of person being arrested. They also commented on the vagueness of the statute applied to law enforcement offices and the district court’s misinterpretation of the law when finding probable cause of Schurr’s use of deadly force during arrests.

Prosecutors filed a response, suggesting that the defendant’s motion to quash the bind over should be denied. According to the prosecution, the court “did not abuse its discretion” when finding probable cause on the charge of second-degree murder—legal standards were applied properly, the prosecutors argue.

Christopher Schurr is set to begin trial from March 13, and a separate civil lawsuit was filed by Lyoya’s family.