Ex-officer charged in shooting of Patrick Lyoya asks Michigan Supreme Court to hear appeal
Attorneys for the former Grand Rapids police officer charged in the April 2022 fatal shooting of Patrick Lyoya are asking the Michigan Supreme Court to consider whether Christopher Schurr, who faces a second-degree murder charge, should have to stand trial.
On Thursday, Schurr's defense attorneys filed an application for leave to the Supreme Court. Schurr's attorneys have argued he was acting within his right as a police officer during the shooting because Lyoya had attempted to flee a traffic stop on the southeastern side of Grand Rapids, and had attempted to grab Schurr's stun gun after the officer attempted to deploy it twice but missed.
Attorneys also state the court should clearly rule on the justification of use of force by police officers, arguing that previous court rulings and a lack of a definition in existing state law presents a challenge for officers currently.
“By granting this application and articulating what the law is for police officers who are charged with a crime for using deadly force on the job, this Court can deliver the clarity, accountability and predictability that our lower courts, prosecutors, citizens, and police officers deserve," Schurr's attorneys, led by Matthew Borgula of Grand Rapids, wrote in a 63-page filing.
Video released by the Grand Rapids Police Department showed Schurr pulling over a car driven by Lyoya in a residential neighborhood. Lyoya exited the vehicle and had attempted to flee the traffic stop, running away from Schurr. The two engaged in a physical struggle before Schurr ultimately shot Lyoya in the back of the head while Lyoya was face down in the yard of a nearby home. Schurr’s attorneys have argued that he was acting within his right as a police officer. During the physical struggle, Schurr had attempted twice to deploy his stun gun on Lyoya but missed both times. As the two struggled, Lyoya attempted to grab the stun gun. Just before the officer fired his gun, he yelled, “Let go of the Taser!”
In June 2022, Schurr was charged with second-degree murder by the Kent County Prosecutor's office and was bound over for trial after a preliminary examination in Oct. 2022. Schurr was fired from the department shortly after the charge was announced.
The shooting and the subsequent release of its footage sparked protests in Grand Rapids, as well as calls for increased accountability from the Grand Rapids Police Department. Since the shooting, the department has instituted new training standards emphasizing de-escalation methods and a departmental policy dedicated to the “sanctity of life.”