Former Grand Rapids officer Schurr heads to trial on murder charge

Grand Rapids — Former Grand Rapids Police Officer Christopher Schurr will stand trial for second degree murder for the fatal shooting of Patrick Lyoya in April, a shooting that sparked a national controversy.

Judge Nicholas Ayoub in Kent County's 61st District Court issued the ruling on Monday morning, ordering the charges against Schurr to be bound over to trial following a two-day preliminary exam.

Ayoub announced the opinion inside the Grand Rapids courtroom and issued a written ruling, stressing that the court’s authority in determining whether a case will go to trial is limited to determining whether there is a lack of evidence that the crime was committed or that the defendant committed it.

"The court concludes that, as a matter of law, probable cause has been presented to support the charge in the criminal complaint," Ayoub said. "Accordingly, it is the court's legal obligation to just bind the defendant over to the 17th Circuit Court to stand trial on that charge."

Ruling on whether the prosecution had met the probable cause standard, Ayoub said all elements of a second degree murder charge had been met, saying there was no dispute that Schurr had killed the defendant and had acted with malice. The only real dispute, the judge explained, was whether the officer's actions were justified under the law, but in that case the prosecution had provided enough for that as well and that the remaining questions were best left to a jury.

"Generally questions concerning the existence or lack of necessity and resorting to deadly force in self-defense are for the jury to decide after considering all of the circumstances," Ayoub said.

The judge spent much of the ruling explaining the role of and limitations on the district court in ruling on the charges.

“While the court operates as the prosecutor’s check on power to bring charges, it is a very limited check,” Ayoub said, noting that if the charges are legally sound the court cannot stand in the way of the prosecutor, “regardless of what the court may think."

The probable cause threshold is a lower standard than the guilty beyond a reasonable doubt standard required for conviction at trial, Ayoub said.

As the judge concluded his remarks, he thanked the lawyers and those in courtroom for their patience and courtesy as the process played out, acknowledging the emotional weight of the proceedings.

"I do want to wish everybody here, everyone who's been touched by the facts and circumstances that were presented over the past couple of days," said Ayoub. "Hopefully that you find peace in the coming days regardless of what those coming days may bring."

Following the hearing, Lyoya's family said the decision was not a cause for celebration or joy, but the ruling left them with a sense that things were going in the right direction.

"Our hearts are still broken the family is still mourning Patrick," said Lyoya's father Peter Lyoya, speaking through family translator Israel Siku. Peter thanked Kent County Prosecutor Chris Becker and Ayoub.

"I didn't know I would be able to meet people like this, and Ayoub showed me he has the heart of a parent," he said. "And for this I am feeling that my heart is receiving a little bit of relief because I'm seeing people around me who are helping to get justice."

After the ruling, Becker said he was pleased with the decision.

"This is one thing we had to get over. ... I said last week I thought the law was on our side," the prosecutor said.

Becker said he is expecting the defense to appeal the ruling. While he was not sure when the trial might be held, he said it would most likely not take place until next year.

Lyoya was killed by Schurr in April during an early morning altercation after Schurr attempted to stop Lyoya over his license plate. Cellphone video from the incident shows Schurr, 31, shooting Lyoya, 26, in the back of the head. Schurr was fired by the Grand Rapids Police Department after the shooting and has been free on a $100,000 bond.

Lyoya fled after being asked for his driver's license, and a brief chase ensued, the video from the Grand Rapids Police Department showed.

The two then wrestled in a nearby lawn with Schurr struggling to bring the man under control. In a separate cellphone video, Lyoya can be seen reaching for the officer's Taser shortly before Schurr shot him in the back of the head while he was face down on the ground.

Schurr’s attorney Matt Borgula wasn't immediaely available after Monday's hearing. Borula argued last Friday that the prosecution had not met the burden of showing probable cause for letting the case go to trial.

“I think that the undisputed evidence that the court has heard is that the officer acted reasonably under the totality of the circumstances,” Borgula said.

While Borgula delivered his final remarks, Ayoub asked the defense attorney in an extensive conversation about Michigan’s use of force law and the different standards in how that law is applied to everyday civilians and law enforcement officers.

Outside the courtroom on Monday, Kent County Commissioner Robert S. Womack, who represents the City of Grand Rapids and sat with the Lyoya family throughout the preliminary exam, said the killing of Lyoya was "bigger than just one police officer," highlighting continued concerns about the police department.

"This really starts at the U turn, the driving while black. It's happened to me all my life here in Grand Rapids, Michigan," said Womack, referring to Schurr's initial decision to turn around after passing Lyoya driving in the other direction before pulling him over.

"This is not about a hate for Christopher Schurr. This is about a trend. ... We are the tax payers in this community, and we want better policing and community relations."

kruble@detroitnews.com