Michigan Court of Appeals stands by, ruling that former officer who shot Patrick Lyoya in the head as he lay on top of him should be tried for murder

Then-Grand Rapids police officer Christopher Schurr fatally shot Patrick Lyoya, a Congolese immigrant, in the back of the head in April 2022.

GRAND RAPIDS, Mich. (AP) – The Michigan Court of Appeals on Thursday rejected a request to reconsider its earlier opinion that said a former Grand Rapids police officer should face a murder trial in reference to the 2022 killing of a Black driver.

On Jan. 25, the court ruled by a 2-1 vote, finding that at Christopher Schurr’s preliminary hearing “at least sufficient evidence was presented” “to establish probable cause” that his actions as a Grand Rapids police officer “did not meet the standard of use.” deadly force in self-defense.”

The second-degree murder charge stems from an early morning traffic stop that ended with Schurr shooting Patrick Lyoya, a Congolese immigrant, in the back of the head as he lay on top of him following a traffic stop on April 4, 2022. The fatal shooting, in keeping with released video, was preceded by a brief chase and fight.

Earlier, the district court decided to not dismiss the charges.

The video shows Schurr, who is white, repeatedly telling Lyoya to take his hands off the officer’s Taser.

“The video evidence shows that Lyoya physically resists the defendant’s efforts to incapacitate him, but the video does not show Lyoya physically attacking the defendant — for example, by punching him or kneeling him,” the appeals court said in its ruling. “The video evidence led to the conclusion that Lyoya was also drained and fewer in a position to resist. The evidence further shows that the defendant called for assistance from other officers and that those officers were on their way, even though it is unclear whether the defendant (knew) how much time would pass before the officers arrived.

A telephone and email message looking for comment on Thursday’s court ruling was left with Schurr’s attorney, Matthew Borgula.

Schurra’s defense team urged the appeals court to throw out the murder charge, arguing that the law allows the use of deadly force “to deter a criminal from escaping when an officer reasonably believes a crime has occurred.”

Prosecutors wanted a jury to make a decision on the charges.

Schurr was released in June 2022 after being charged with murder.

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Michigan appeals court upholds its position, ruling that ex-officer who shot Patrick Lyoya in the head as he lay on top of him should be tried for murder appeared first on TheGrio.