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Patrick Lyoya was killed by former Grand Rapids, Michigan, police officer Christopher Schurr on April 4, 2022, when he was shot in the back of the head while lying face down on the grass. You don’t have to pass the bar exam to know that shooting an unarmed man in the back of the head while he is subdued is illegal. However, the question stands, how illegal is it?
When it comes to criminal charges against a cop, it can be very difficult to hold them fully accountable for their evil deeds when they get so much benefit of the doubt. Recently, in the wake of the summer of reckoning in 2020, we’ve seen more officers tried and convicted but the rate is not nearly high enough to satisfy a perpetually grieving public who is tired of seeing cops get away with murder, literally.
In June 2022, BOSSIP reported that Schurr was charged with second-degree murder. But according to a new article published by MLive, Schurr is desperately asking the court of appeals to reconsider the severity of the charge.
“Officer Schurr respectfully argues that this Court’s opinion affirming bindover was based on palpable factual and legal errors that, if corrected, would result in a different disposition,” attorneys Matthew Borgula and Mark D. Dodge wrote, in a recent filing.
In a 2-1 vote that took place last month, appellate judges Kathleen Feeney and Colleen O’Brien agreed with the original judge’s ruling that Schurr should see his day in court. Defense attorneys argued that there are “facts” that have been erroneously applied to the appeal court’s majority opinion and that the improper use of said evidence should only ruled “fact” by the district court.
Among the challenged factual findings: The majority opinion said the district judge determined that Schurr pointed his gun at the “‘back of Lyoya’s head when Lyoya was prone and not in a position to threaten (the officer) or affect an escape.’ The district court actually found, ‘Lyoya (was continuing) to attempt to force himself up’” and as Schurr drew his gun, “Lyoya was ‘completely impervious’ to the officer’s attempts to subdue and restrain him, and ‘at the instant the shot (wa)s fired, Lyoya (wa)s not in a position of actively escaping or fleeing.’”
The dissenting judge also argued that Schurr’s taser was no longer a “dangerous weapon” as both cartridges were expended during his struggle with Lyoya.
All that is to say, this case is in a bit of limbo, and prosecuting lawyers will have to work hard to ensure that Schurr stands trial for second-degree murder. We’ll provide more info as it becomes available.
