GRAND RAPIDS, Mich. (WOOD) — The state’s highest court denied a former Grand Rapids police officer’s appeal in his murder case for the death of Patrick Lyoya.
In a narrow decision on Monday, the Michigan Supreme Court said it was not persuaded that the questions present should be reviewed by the high court. Two justices dissented, explaining they would send the case back to the Court of Appeals to consider whether Lyoya was in possession of a dangerous weapon before Schurr shot and killed him.
Kent County Prosecutor Chris Becker said his office plans to move forward with the criminal case as quickly as possible after Monday’s decision.
“I am very pleased with the decision today by the Michigan Supreme Court; the courts at all levels have consistently held throughout this process that the charges were justified, and the case should proceed to have a jury decide the matter. We hope to move forward as quickly as possible to have a final resolution for Patrick’s family who has been patiently waiting for years for this to occur,” Becker said in a statement.
News 8 reached out to Schurr’s attorney for comment but did not hear back as of Monday evening.
Schurr, then a Grand Rapids Police Department officer, shot and killed Lyoya during a traffic stop on April 4, 2022. Video shows Lyoya running away from Schurr before the two struggled over the officer’s Taser. Schurr, who was on top of Lyoya trying to hold him down, eventually shot him in the back of the head.
The shooting led to protests and eventually policy changes inside the police department. At the same time, several organizations, including the Michigan Fraternal Order of Police, the Grand Rapids Police Officers Association and the Michigan Association of Police Organizations have thrown their support behind Schurr.
After weeks of review, Becker charged Schurr with one count of second-degree murder. Schurr was fired from GRPD following the charge.
A district court judge first ruled in October 2022 that Schurr’s actions were not justified and that a criminal trial could move forward. Schurr appealed, arguing common law gives officers the right to use deadly force to arrest a fleeing felon. The Michigan Court of Appeals heard arguments in September 2023. The panel in January affirmed the district court ruling sending the case to trial and rejected Schurr’s appeal of that decision in March. Arguing that the appeals court “misstated” or “misconstrued” the moments leading up to the shooting, Schurr’s lawyers asked the Michigan Supreme Court to consider the case.
LEGAL EXPERT: TRIAL LIKELY NEXT YEAR
Lewis Langham, a professor with Cooley Law School, says the path is now clear for the case to head to trial, but there are many issues a judge must consider before then. That includes deciding on what witnesses and experts can testify. Both sides will debate what should and should not be admitted into evidence for the jury to see.
“Whether or not Patrick Lyoya’s blood alcohol level is relevant to these proceedings,” Langham offered as an example. “Because his blood alcohol level was over three times the legal driving limit. Whether or not his criminal history of assaultive nature is going to come in.”
Jury selection could also take some time. Langham also expects another issue to come up: whether the case will stay in Kent County or move elsewhere.
“I pretty much assure the case will probably remain in Kent County, but that doesn’t exclude it for being a motion that could be argued in front of the court,” he said.
Langham said all of the work before the trial could take between three and six months, if not longer.
