GRAND RAPIDS, Mich. — Attorneys for the former Grand Rapids police officer now charged in the death of Patrick Lyoya have filed an appeal with the state’s Supreme Court. They are requesting the high court once again analyze whether or not the lower courts made a mistake in pushing through the charges against him.
Christopher Schurr is facing one count of second-degree murder for the death of Lyoya.
The shooting happened on April 4, 2022, when former officer Schurr stopped a vehicle that Lyoya was driving. Eventually the pair got into a physical altercation, with Lyoya attempting to leave the scene of the traffic stop.
During the struggle, it is alleged that Lyoya gained control of Officer Schurr's TASER. While Lyoya was on the ground, Schurr drew his service firearm and fired a single shot.
Grand Rapids Police released video of the shooting nearly two weeks later.
Schurr's counsel argues that his actions were justified under the circumstances.
After Schurr was charged with second-degree murder, a district court judge held what is called a preliminary exam in the case. The judge overseeing the hearing decided to bind the case over to Circuit Court, meaning it would proceed within the courts.
Schurr’s team filed an appeal with the Michigan Court of Appeals, arguing that the case was improperly bound over, saying the district court erred in its application of the common law rules and the Self-Defense Act.
They also claim that the legal statute outlining a second-degree murder charge in Michigan is unconstitutionally vague as applied to him, a police officer.
Despite this, the Michigan Court of Appeals affirmed the district court’s decision.
On Thursday, Schurr's legal team filed the additional appeal with the Michigan Supreme Court.
Schurr Appeal to MI Supreme Court by WXMI on Scribd
"The district court bound over a charge of murder against Officer Schurr, despite his raising three distinct and factually undisputed justification defenses,” the motion filed Thursday reads.
"Officer Schurr asks this Court to consider the contours of two common law justifications, the rule regarding the use of force when met with force during an arrest and the fleeing felon rule, and the statutory defense provided by the Self-Defense Act (MCL 780.972), when invoked by an on-duty police officer.”
They argue that Michigan is one of just a few states not to have these sorts of justifications explicitly articulated.
"Police officers and citizens across Michigan are left to guess when law enforcement officers are authorized to use force, including deadly force, to carry out their duties.” it continues.
"Absent clarification from this Court or Legislative action, the ambiguity and inconsistency in these criminal standards and their inconsistent application has made and will continue to make policing in Michigan so fraught with legal danger that even those willing to risk the physical dangers of the job will hesitate to raise their hands to serve our communities.”
The filing Thursday asks the Michigan Supreme Court to again consider if the actions taken in District Court were proper.
Should the court find the actions to be appropriate, the document asks the higher court to articulate when police officers working in their official capacity can use certain justifications for use of force.
They are also requesting the court deem the second degree murder charge against him as "unconstitutionally vague”, as he was working in his capacity as a police officer when Lyoya was killed.
The trial for Schurr has been put on hold, now pending the state's Supreme Court decision on the appeal.
Schurr also faces a civil lawsuit by the Lyoya family.
COMPLETE COVERAGE: The death of Patrick Lyoya
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