GRAND RAPIDS, Mich. — The former Grand Rapids police officer who fatally shot Patrick Lyoya in April will stand jury trial, a district judge in Grand Rapids ruled Monday.
Judge Nicholas Ayoub, who oversaw former GRPD officer Christopher Schurr’s preliminary exam, said it would be up to a jury to decide if Schurr will be convicted for second-degree murder.
“(T)here is at least some evidence from which a person of average intelligence could conclude that defendant’s shooting of Lyoya in the back of the head was not reasonably necessary to prevent his escape,” Ayoub wrote in his 11-page opinion. “As the prosecutor suggests, at the instant that the shot is fired, Lyoya is not in a position of actively escaping or fleeing. A reasonable juror could find a lack of necessity for deadly force strictly for the purpose of preventing escape.”
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Schurr will be tried in the Kent County 17th Circuit Court. He waived additional arraignment Monday. Following the hearing, Kent County Prosecutor Chris Becker said he expects the defense to appeal Ayoub’s decision, and the trial won’t likely take place until 2023.
Lyoya, a Congolese refugee, was 26 at the time of his death. In June, Becker announced he would charge Schurr with second-degree murder.
Schurr’s defense lawyers have argued he was justifiably using lethal force in his role as a police officer.
Preliminary examinations allow judges to determine if there is enough evidence for a case to go to trial. Ayoub noted questions over Schurr’s intent or the necessity of using deadly force were questions for a jury.
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“This is not something the family is celebrating,” said Ven Johnson, one of the attorneys representing the Lyoya family in civil matters regarding the shooting. “Obviously it’s a very difficult day, it’s been nearly seven months since Patrick was shot in killed in the middle of a lawn in the middle of a morning. It’s been a very difficult process for the family.”
Lyoya’s father, Peter, and mother, Dorcas, thanked the prosecution team for its efforts. Peter Lyoya, through a translator, said it was difficult to sit through the preliminary exam, where both parties replayed the footage of his son’s shooting as evidence.
“I felt the pain I felt the first time when I saw (how) my son was killed,” Peter Lyoya said. “I didn’t have the strength. My wife also was crying, she didn’t have the strength.
“I’m just praying to God to give us the strength and to keep directing the people who are helping us.”
Schurr’s lead defense attorney, Matthew Borgula, could not immediately be reached for comment.
On the morning of April 4, Schurr pulled over Lyoya in southeast Grand Rapids. Footage released by the department, which was again shown during the two-day hearing, shows Lyoya getting out of his car as he’s pulled over.
After a back-and-forth where Schurr asked Lyoya to present his driver’s license, Lyoya ran away from Schurr, and Schurr chased Lyoya through the front yards of nearby homes. Schurr eventually tackled Lyoya, the two struggled and Schurr could be heard telling Lyoya to “stop” and to “let go of the Taser,” in the footage. Schurr’s stun gun was deployed twice but never made contact.
After about 90 seconds, Schurr was on top of Lyoya, who was facedown on the ground. Schurr, still yelling “let go of the Taser!” shot Lyoya in the back of the head, footage shows.
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Follow Arpan Lobo on Twitter @arpanlobo.
