Appeals court: Ex-cop can stand trial in Patrick Lyoya's fatal shooting

Michigan's appeals court has ruled a former Grand Rapids police officer can stand trial in the 2022 fatal shooting of Black immigrant Patrick Lyoya.

In its 2-1 ruling issued Thursday, the court said prosecutors have enough evidence to put Christopher Schurr on trial.

"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," appellate judges Kathleen Feeney and Colleen O’Brien wrote in their decision.

However, Judge Brock Swartzle dissented, citing concerns about whether the Taser counted as a dangerous weapon.

Body camera video of the encounter between Schurr and Lyoya appears to show Lyoya trying to take the officer's stun gun as they wrestled. Schurr is heard shouting "Let go of the Taser" before firing his firearm and killing Lyoya.

"Although I agree with much of the majority opinion, I ultimately cannot agree with the majority’s conclusion that we should affirm the finding of probable cause," he wrote. "Instead, I would vacate the district court’s finding and remand for that court to reevaluate the evidence under an updated understanding of the law, including that the decedent possessed a 'per se' dangerous weapon."

Attorneys for Schurr and the Kent County Prosecutor's Office were not immediately available for comment Friday.

In October 2022, a Kent County District Court judge ruled there was enough evidence to send the case against Schurr to circuit court to stand trial for second-degree murder.

Last February, Schurr's attorney appealed the district court's decision, according to court records. The three-member panel of appellate judges heard oral arguments in the case in September.

Matt Borgula, Schurr's attorney, argued his client was protected by the Fleeing Felon Rule, which permits police to use deadly force on someone believed to have committed a felony is fleeing. Lyoya had committed several felonies before he was shot, including resisting and obstructing an officer, disarming a police officer, and larceny, Borgula said.

He also said the district court tried to place additional burdens on Schurr to show the officer had other options than to shoot Lyoya.

Schurr was charged in June 2022 in 61st District Court in Grand Rapids and pleaded not guilty.

Prosecutors said Schurr, who was 31 at the time, shot Lyoya, 26, during a traffic stop on April 4, 2022.

In body camera footage, Schurr is seen and heard asking the immigrant from the Democratic Republic of Congo if he had a driver's license and spoke English.

Lyoya answered that he spoke English and questioned why the officer needed his license, according to the video. Schurr officer told Lyoya his car wasn't registered.

Later, the video shows Lyoya exiting the car and running away with Schurr chasing him. The two then wrestled and struggled over Schurr's stun gun before the officer shot Lyoya in the back of the head as he was face down on the ground.

The city of Grand Rapids fired Schurr in June 2022.

A month later, the state of Michigan filed discrimination charges against the Grand Rapids Police Department because of the Lyoya shooting and other cases, including one from 2017 in which officers pointed their guns at a Black child.

In December 2022, Lyoya's family filed a federal $100 million lawsuit against the city of Grand Rapids and Schurr. A federal judge dismissed the lawsuit last August.

cramirez@detroitnews.com

X: @CharlesERamirez