The white former police officer who fatally shot Patrick Lioja, a black man, this year in Michigan will stand trial for the murder, according to a judge’s memo posted online and announced in court Monday.
Former Grand Rapids police officer Christopher Shur faces a single count of second-degree murder, state District Court Judge Nicholas Ayoub said. He has pleaded not guilty.
Lyoya’s final moments were captured on video released to the public and show him running away from Schurr before he was tackled to the ground and shot in the back of the head. Like the deaths of other black men at the hands of the police, the Lyoya case sparked protests, with protesters chanting “Justice for Patrick.”
Second degree murder in Michigan is a death caused by the defendant with malice and without justification or justification.
The judge on Monday found that there was no genuine dispute whether the officer’s actions caused Lyoya’s death with malice, ruling: “The only real question in dispute here is whether the defendant’s actions were justified as a matter of law.”
The prosecution presented probable cause to support the charge, Ayoub said in the courtroom, describing his role as a “very limited check” on prosecutors. A jury will do the fuller job of determining the facts and verdict in the case, he said.
“The reasonableness of these actions can hardly be fully and fairly judged by a person in a black robe with 20/20 hindsight and from the comfortable and safe vantage point of the high perch of the judge’s armored bench,” the judge told those attended.
“It is precisely for this reason, however, that questions of reasonableness and all questions of fact are determined by a jury after a full and fair trial.”
Wearing a gray suit, Schurr did not visibly react to the decision. His defense attorney dropped the appeal in district court on his behalf and the judge said the bond would continue.
Attorneys for the Lyoya family, Ben Crump and Ven Johnson, praised the judge’s decision.
“The case will now rightfully go to trial, which is the next step in our pursuit of obtaining full and complete justice for the killing of Patrick Lioja,” they said in a statement. “Our legal team will continue to fight to ensure that former Grand Rapids Police Officer Christopher Schurr and the City of Grand Rapids are held accountable for his actions.”
The ruling comes a little more than six months after Schurr fatally shot Lyoya during a struggle as the officer tried to arrest him during a traffic stop. Schurr and Lyoya had been fighting over his Taser, and after Lyoya gained control of the weapon, Schurr drew his firearm and killed him, the judge said in the statement of facts in the case.
Schurr was “justified in his use of force,” argued his attorney Mark Dodge. He was fired about two months after the collision.
Lyoya had three outstanding warrants and a revoked driver’s license at the time he left the police station.
