A former Michigan police officer who shot a Black motorist at the back of the pinnacle will stand trial for second-degree murder, a decide mentioned Monday.
Judge Nicholas Ayoub introduced his determination after listening to testimony final week and seeing video concerning the demise of Patrick Lyoya in Grand Rapids, Mich.
A jury will determine whether or not Christopher Schurr ‘s use of lethal drive was mandatory “after a full and truthful trial,” Ayoub mentioned.
Lyoya, 26, briefly ran from a site visitors cease then grappled with Schurr throughout a entrance garden earlier than the white officer shot him at point-blank vary. The remaining moment final April was recorded on video by a man who was a passenger within the automotive with Lyoya.
Schurr repeatedly advised Lyoya to take his fingers off the officer’s Taser, in accordance with video. The refugee from Congo was on the bottom when he was killed.
Ayoub solely needed to discover possible trigger to ship the case to the Kent County trial court docket, a low normal at this stage beneath Michigan regulation.
Grand Rapids police Capt. Chad McKersie testified Friday that Lyoya had gained a bonus over Schurr throughout an intense bodily wrestle. But the decide famous that McKersie was not sure whether or not Lyoya was attempting to flee or to assault the officer.
So far “there may be ample proof from which a jury might conclude that (Schurr) didn’t moderately imagine that his life was instantly in danger,” Ayoub mentioned.
Schurr’s legal professional argued that the officer was defending himself and that Lyoya would not hand over. A forensic video analyst, Robert McFarlane, testified that Lyoya did not adjust to 20 instructions.
“He pushed. He shoved, popped his arms,” lawyer Matt Borgula mentioned.
Schurr, an officer for seven years, was fired in June after being charged with murder.
A lawyer representing Lyoya’s household, Ven Johnson, mentioned a trial will likely be a key step towards “acquiring full and full justice.”
Grand Rapids, which has a inhabitants of about 200,000, is 160 miles (260 kilometres) west of Detroit.
Lyoya’s killing by an officer got here after quite a few others in recent times involving Black individuals, together with George Floyd, whose demise in Minneapolis sparked a nationwide looking on race; Daunte Wright, who was shot throughout a site visitors cease in suburban Minneapolis; Andre Hill, who was killed in Columbus, Ohio; and Andrew Brown Jr., who was killed in North Carolina.