Appeals court agrees ex-GRPD officer should stand trial in Patrick Lyoya’s death

GRAND RAPIDS, Mich. (WOOD) — The Michigan Court of Appeals has ruled there is enough evidence to send the Grand Rapids police officer who shot and killed Patrick Lyoya to trial for murder.

The court on Thursday handed down its 2-1 ruling in the appeal by former officer Christopher Schurr.

“We agree that there is at least sufficient evidence presented at the preliminary examination to establish probable cause that defendant’s actions did not satisfy the standards for use of deadly force in self-defense,” the 25-page decision concluded.

The decision brings an end to months of legal limbo: Schurr’s case had been at a standstill since the Michigan Court of Appeals heard arguments on his appeal in September .

Schurr’s defense team argued that common law gives officers the right to use deadly force to arrest a fleeing felon. The appeals court rejected that idea:

“Defendant’s argument on its face would suggest that whenever a police officer is met with force in making an arrest, the officer is always justified in using force, including deadly force, in order effectuate an arrest. We reject this blanket rule, concluding that use-of-force in making an arrest is more nuanced than defendant’s brief suggests,” its ruling read in part.

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