GRAND RAPIDS, Mich. — The Michigan Court of Appeals heard arguments relating to the case against Christopher Schurr on Wednesday.
WATCH:
The former Grand Rapids Police officer was arrested and charged with 2nd-degree murder in the death of Patrick Lyoya on April 4, 2022. Lawyers for Schurr say the case never should have been bound over for trial.
Lyoya died of a gunshot wound to the head during an altercation with the then-officer at a traffic stop in Grand Rapids.
Schurr— who was alone on patrol that day— was placed on administrative leave, though not interviewed in relation to the case until a week later. GRPD told FOX 17 this was due to the unavailability of Schurr’s lawyer at the time.
An investigation by Michigan State Police revealed Lyoya had a blood alcohol level three times the legal limit at the time of the traffic stop.
Schurr was later arrested and charged in Lyoya’s death— and let go from GRPD.
Since the shooting, conflicting communities have rallied to support either Schurr or the family of Patrick Lyoya, who filed a civil lawsuit against the former officer and the City of Grand Rapids.
The City was dismissed from that case, while the judge stated courts would need to determine if Schurr was protected by qualified immunity at the time of the shooting before deciding whether to dismiss that suit.
The hearing was in regard to the shooting death of Patrick Lyoya. Former GRPD officer Christopher Schurr’s team wants the second-degree murder charge thrown out.
Wednesday’s hearing was an opportunity to hear oral arguments from Schurr’s attorneys and prosecutors.
It was a packed courtroom with lots of emotions. Lyoya’s family was in attendance and his mother could be seen crying. Schurr was also in attendance.
Schurr’s attorneys kicked things off, saying Schurr executed a lawful traffic stop and was acting within his rights after Lyoya did not cooperate with him. They say Schurr was exhausted as the resisting and fight over his taser continued.
The prosecution meanwhile argued that the facts in this case simply must be heard by a jury, for them to decide if Schurr’s actions were necessary and justified.
Schurr’s trial was set to begin next month until this appeal came up. Now that date has been delayed indefinitely. It could take the appeals court months to make a decision on this.
Protesters gathered outside the courtroom Wednesday morning.
HAPPENING NOW: Supporters, activists for Lyoya grows outside of Court of Appeals.
— Lauren Edwards (@LaurenEdwardsTV) September 6, 2023
Schurr supporters are outside as well. @FOX17 pic.twitter.com/eSnWsxqGwI
Supporters for Schurr also showed up outside of the courtroom.
A rally is planned for Wednesday night at 8 p.m. near Calder Plaza. The Lyoya family and Commissioner Robert Womack are expected to attend.
