GRAND RAPIDS (WWJ) -- A judge has ruled that Christopher Schurr -- a former Grand Rapids police officer -- will be bound over for trial for second-degree murder for shooting and killing Patrick Lyoya last April.
After a two-day preliminary exam in the 61st District Court, Judge Nicholas Ayoub determined that the prosecution had met the legal threshold for establishing probable cause to support a second-degree murder charge.
In a lengthy written statement, Ayoub first outlined the order of events as they are understood by the court.
On April 4, 2022, Schurr initiated a traffic stop and had a verbal exchange with Lyoya, who had exited his vehicle. Lyoya made a move to run, but was pursued by Schurr, who attempted to restrain him. After Lyoya broke free, Schurr gave chase, and the two men engaged in a prolonged struggle on the front lawn of a nearby home.
A neighborhood resident -- Wayne Butler -- came out of his house to observe the situation. He tried to call to Lyoya to stop struggling, and he also told Lyoya's passenger -- Amie Tuishme -- to reason with his friend and de-escalate the situation. Tuishme had exited the vehicle partway through the struggle and began filming with his cell phone camera.
As the physical altercation continued, Schurr unsuccessfully deployed his Taser, and Lyoya grabbed onto the Taser handle with his left hand. Schurr fought to regain control of the Taser, and it deployed unsuccessfully again.
Toward the end of the struggle, Schurr was on top of Lyoya when Lyoya appeared to be trying to stand up, which would likely throw Schurr off of him. Around this time, Schurr lost control of the Taser, and Lyoya had moved the Taser to his own right hand.
Schurr pulled out his gun and -- still on top of Lyoya, who had not managed to stand up -- shot Lyoya in the back of the head, killing him.
These events were supported with video evidence and witness testimony from both Butler and Tuishme on the first day of the preliminary exam.
On the second day of preliminary exam, the judge heard testimony from a taser manufacturing representative and from Police Captain Chad McKersie, who trains police officers and is certified as a master Taser instructor.
The representative from the Taser manufacturer testified that each Taser has two cartridges capable of fully incapacitating a person, but that the handle may also be used to deliver a localized shock once both cartridges have been deployed. He also said that while the Taser cartridges can potentially be reloaded and reused, many factors make reuse a less likely possibility.
Captain McKersie testified that use of force was justified under then-officer Schurr's training because Lyoya had disarmed him of a weapon that is known to cause death or great bodily harm. McKersie also said that Schurr could have used other techniques or tools in the situation, but that the discretion is ultimately up to the officer in the heat of the moment. McKersie also acknowledged for the record that he could not determine from the video footage whether Lyoya was simply trying to get away from Schurr or whether he meant to attack Schurr.
McKersie also cautioned that the question of whether deadly use of force was justified should be considered only from the point-of-view of Schurr during the altercation, rather than how events look now with the benefit of hindsight.
On Monday morning -- after outlining the order of events and relevant testimony, Judge Ayoub provided an overview of relevant case law.
During a preliminary exam, the prosecutor must present evidence and testimony to support the charges -- in this case, second-degree murder.
The defense is also able to provide evidence and testimony to support their argument -- that deadly use-of-force was justified.
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It is then the judge's task to evaluate the competency of the evidence and the credibility of the witnesses and their testimony. If everything is in order, the judge determines whether probable cause has been established.
Probable cause means that enough evidence and testimony has been presented to support the second-degree murder charge against Schurr. More simply, would a reasonable person of average intelligence have reason to believe -- based on the evidence presented -- that it is possible Schurr was not justified in using deadly force?
As Ayoub clarified, establishing probable cause is less rigorous than meeting the criteria of "guilty beyond a reasonable doubt" that must be proven during an actual trial.
In the case of second-degree murder, evidence must support four elements:
-- a death occurred
-- the death was caused by an act of the defendant
-- the act was committed with malice
-- the act was committed without justification or excuse
For second-degree murder, malice means that there is an intent to kill or cause great bodily harm, or an obvious disregard for the fact that the act will kill or cause harm. A specific malicious intent does not need to be proven.
According to Ayoub, the first three elements are unquestionably supported by current evidence and testimony.
Whether or not the shooting was "without justification or excuse" remains to be determined.
The defense presented three potential arguments in support of justification:
-- defense of oneself or others
-- appropriate use of force in response to opposing force
-- appropriate use of force to prevent a suspect from escaping
Due to the fact that Lyoya was not directly attacking or threatening Schurr at the time of the shooting, nor was Lyoya in the process of running away, none of the defense's arguments are enough to prove justification and dismiss charges.
Based on current evidence and testimony, Ayoub believes that the prosecution has presented sufficient evidence to support going forward to trial. Additionally, the defense has not provided hard, factual evidence that rules out a second-degree murder charge.
Based on case law, the decision of whether or not Schurr was justified in using deadly force will ultimately belong to a jury.
"The court concludes that, as a matter of law, probable cause has been presented to support the charge in the criminal complaint," Judge Ayoub said. "Accordingly, it is the court's legal obligation to bind defendant over to the 17th Circuit Court to stand trial on that charge."
Ayoub stated that Schurr's bond will continues as it currently stands. His next court appearance has not yet been scheduled.
WWJ Newsradio 950 will continue to follow the case and will post updates as pre-trial hearing dates are made available.
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