By ED WHITE
Associated Press
The Michigan Supreme Court turned down an appeal Monday, clearing the way for a police officer to face trial for second-degree murder in the death of a man who was shot in the head in 2022.
In a 5-2 order, the court let stand a Court of Appeals opinion in favor of the Kent County prosecutor.
Patrick Lyoya, a Black man, was killed at the end of a traffic stop in Grand Rapids. He ran and physically resisted Officer Christopher Schurr after failing to produce a driver’s license.
Video shows Lyoya was shot in the back of the head while on the ground.
Defense lawyers said Schurr, who is white, feared for his safety. Schurr claimed Lyoya had control of his Taser when he shot him. Video shows the officer demanding that Lyoya take his hands off the device.
A Grand Rapids judge said there was enough evidence to send the case to trial, a low threshold under state law. The Court of Appeals affirmed the decision earlier this year.
“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,” prosecutor Chris Becker said Monday.
Defense attorney Matthew Borgula said he was disappointed with the Supreme Court's refusal to hear an appeal over the use of deadly force. He said a plea deal seems unlikely.
“I don't think Officer Schurr committed a crime,” Borgula said.
Schurr, an officer for seven years, was fired by the Grand Rapids Police Department two months after the shooting.
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