Ex-Grand Rapids police officer Christopher Schurr listens as Judge Nicholas Ayoub binds the case for trial at the Kent County Courthouse in Grand Rapids, Mich., on Monday, Oct. 31, 2022. Schurr will face trial for second-degree murder in the fatal shooting Black motorist Patrick Lyoya in the back of the head on April 4. (Cory Morse/MLive.com/The Grand Rapids Press via AP, Pool)
The Associated Press
A former Michigan police officer who shot a Black motorist in the back of the head will stand trial for second-degree murder, a judge said Monday.
Judge Nicholas Ayoub announced his decision after hearing testimony last week and seeing video about the death of Patrick Lyoya in Grand Rapids, Michigan.
A jury will decide whether Christopher Schurr 's use of deadly force was necessary 'œafter a full and fair trial,'ť Ayoub said.
Lyoya, 26, briefly ran from a traffic stop then grappled with Schurr across a front lawn before the white officer shot him at point-blank range. The final moment last April was recorded on video by a man who was a passenger in the car with Lyoya.
Schurr repeatedly told Lyoya to take his hands off the officer's Taser, according to video. The refugee from Congo was on the ground when he was killed.
Ayoub only had to find probable cause to send the case to the Kent County trial court, a low standard at this stage under Michigan law.
Grand Rapids police Capt. Chad McKersie testified Friday that Lyoya had gained an advantage over Schurr during an intense physical struggle. But the judge noted that McKersie was unsure whether Lyoya was trying to flee or to attack the officer.
So far 'œthere is sufficient evidence from which a jury could conclude that (Schurr) did not reasonably believe that his life was immediately at risk," Ayoub said.
Schurr's attorney argued that the officer was defending himself and that Lyoya wouldn't give up. A forensic video analyst, Robert McFarlane, testified that Lyoya failed to comply with 20 commands.
'œHe pushed. He shoved, popped his arms,'ť lawyer Matt Borgula said.
Schurr, an officer for seven years, was fired in June after being charged with murder.
A lawyer representing Lyoya's family, Ven Johnson, said a trial will be a key step toward 'œobtaining full and complete justice.'ť
Grand Rapids, which has a population of about 200,000, is 160 miles (260 kilometers) west of Detroit.
Lyoya's killing by an officer came after numerous others in recent years involving Black people, including George Floyd, whose death in Minneapolis sparked a national reckoning on race; Daunte Wright, who was shot during a traffic stop in suburban Minneapolis; Andre Hill, who was killed in Columbus, Ohio; and Andrew Brown Jr., who was killed in North Carolina.
___
Follow Ed White at http://twitter.com/edwritez
Patrick Lyoya's father, Peter Lyoya, listens during a hearing for ex-Grand Rapids police officer Christopher Schurr at the Kent County Courthouse in Grand Rapids, Mich., on Monday, Oct. 31, 2022. Schurr will face trial for second-degree murder in the fatal shooting Black motorist Patrick Lyoya in the back of the head on April 4. (Cory Morse/MLive.com/The Grand Rapids Press via AP, Pool)
The Associated Press
Defense attorney Matthew Borgula listens as Judge Nicholas Ayoub binds the Christopher Schurr case for trial at the Kent County Courthouse in Grand Rapids, Mich., on Monday, Oct. 31, 2022. Schurr will face trial for second-degree murder in the fatal shooting Black motorist Patrick Lyoya in the back of the head on April 4. (Cory MorseMLive.com/The Grand Rapids Press via AP, Pool)
The Associated Press
Judge Nicholas Ayoub speaks during a hearing for ex-Grand Rapids police officer Christopher Schurr at the Kent County Courthouse in Grand Rapids, Mich., on Monday, Oct. 31, 2022. Schurr will face trial for second-degree murder in the fatal shooting Black motorist Patrick Lyoya in the back of the head on April 4. (Cory Morse/MLive.com/The Grand Rapids Press via AP, Pool)
The Associated Press
Ex-Grand Rapids police officer Christopher Schurr, center, listens as Judge Nicholas Ayoub binds the case for trial at the Kent County Courthouse in Grand Rapids, Mich., on Monday, Oct. 31, 2022. Schurr will face trial for second-degree murder in the fatal shooting Black motorist Patrick Lyoya in the back of the head on April 4. Also pictured are defense attorneys from left, Matthew Borgula, Mikayla S. Hamilton, and Mark Dodge. (Cory Morse/MLive.com/The Grand Rapids Press via AP, Pool)
The Associated Press
Kent County Commissioner Robert S. Womack listens during a hearing for ex-Grand Rapids police officer Christopher Schurr at the Kent County Courthouse in Grand Rapids, Mich., on Monday, Oct. 31, 2022. Schurr will face trial for second-degree murder in the fatal shooting Black motorist Patrick Lyoya in the back of the head on April 4. (Cory Morse/MLive.com/The Grand Rapids Press via AP, Pool)
The Associated Press
Ex-Grand Rapids police officer Christopher Schurr, center, shakes the hand of defense attorney Mark Dodge after Judge Nicholas Ayoub ruled Schurr to face trial at the Kent County Courthouse in Grand Rapids, Mich., on Monday, Oct. 31, 2022. Schurr will face trial for second-degree murder in the fatal shooting Black motorist Patrick Lyoya in the back of the head on April 4. Also pictured are defense attorneys from left, Matthew Borgula, and Mikayla S. Hamilton. (Cory Morse/MLive.com/The Grand Rapids Press via AP, Pool)
The Associated Press
Kent County Prosecutor Chris Becker talks to journalists after Judge Nicholas Ayoub binded ex-Grand Rapids police officer Christopher Schurr for trial at the Kent County Courthouse in Grand Rapids, Mich., on Monday, Oct. 31, 2022. Schurr will face trial for second-degree murder in the fatal shooting Black motorist Patrick Lyoya in the back of the head on April 4. (Cory Morse/MLive.com/The Grand Rapids Press via AP, Pool)
The Associated Press