After a judge ruled that former Grand Rapids Police Officer Christopher Schurr would face 2nd Degree murder charges for shooting Congolese Immigrant Patrick Lyoya during a traffic stop, the Michigan Court of Appeals ruled Thursday it would consider the defense’s motion to dismiss the case.
Back in February, Christopher Schurr’s legal team had argued, that the criminal charges against him should be dismissed, making the case that the shooting of Patrick Lyoya was justified, based on an old Michigan law that is still on the books: which authorizes law enforcement officers to shoot a “fleeing felon,” and Patrick was a felon who was resisting arrest at the time of his death.
Schurr attorney Matthew Borgula:
“What it comes down to, is whether or not, a police officer is justified in using deadly force when you a suspect that had committed a felony,” Borgula said (“He) had committed several felonies. That is undisputed.”
The Kent County Prosecutor’s office argued however, that the law was written in 1846, and is no longer relevant in the 21st Century.
And Circuit Court Judge Christina Elmore agreed with the prosecution and ruled that whether Schurr had acted in self-defense or had been authorized to use deadly force should be left up to a jury.
Now, the Michigan Court of Appeals has agreed to review Judge Elmore’s decision, which could delay the start of the trial which is scheduled to begin in October of this year.
Schurr faces life in prison with the possibility of parole if convicted.
