FILE - Ex-Grand Rapids Police Officer Christopher Schurr appears for a court hearing at the Kent County Courthouse in Grand Rapids, Mich., Oct. 26, 2022. On Monday, Jan. 9, 2023, attorneys for Schurr, a former police officer charged with second-degree murder in the fatal shooting of a Black motorist in western Michigan, asked a judge to dismiss the case. (Cory Morse/The Grand Rapids Press via AP, File)
FILE - Peter Lyoya holds up a picture of his son Patrick Lyoya, 26, at his home in Lansing, Mich., April 14, 2022. On Monday, Jan. 9, 2023, attorneys for Christopher Schurr, the former police officer charged with second-degree murder in the fatal shooting of Patrick Lyoya, a Black motorist, in western Michigan, asked a judge to dismiss the case. (AP Photo/Anna Nichols, File)
FILE - Ex-Grand Rapids Police Officer Christopher Schurr appears for a court hearing at the Kent County Courthouse in Grand Rapids, Mich., Oct. 26, 2022. On Monday, Jan. 9, 2023, attorneys for Schurr, a former police officer charged with second-degree murder in the fatal shooting of a Black motorist in western Michigan, asked a judge to dismiss the case. (Cory Morse/The Grand Rapids Press via AP, File)
FILE - Peter Lyoya holds up a picture of his son Patrick Lyoya, 26, at his home in Lansing, Mich., April 14, 2022. On Monday, Jan. 9, 2023, attorneys for Christopher Schurr, the former police officer charged with second-degree murder in the fatal shooting of Patrick Lyoya, a Black motorist, in western Michigan, asked a judge to dismiss the case. (AP Photo/Anna Nichols, File)
A Michigan judge on Friday refused to dismiss a second-degree murder charge against a former Grand Rapids police officer who was fired after during a struggle over a Taser.
Christopher Schurr is scheduled for trial March 13 in the last April. Circuit Judge Christina Elmore rejected a defense motion to throw out the case. Defense attorney Matthew Borgula said after the hearing that his team would appeal.
he acted in self-defense and that Michigan law allows police officers to use deadly force to stop someone from fleeing and to make an arrest. showed Schurr was straddling Lyoya's body as the Congolese refugee lay face down beneath him.
the district court did not abuse its discretion in finding probable cause to proceed to trial. A judge at a preliminary hearing found sufficient evidence that a jury could conclude Schurr did not reasonably believe his life was immediately at risk. Elmore agreed.
Schurr was fired last June after spending months on paid leave. He spent one night in jail, then posted bond.
Attorneys for Lyoya’s family have filed a against Schurr and the city of Grand Rapids.
