A judge is expected to rule by next week on whether a former Michigan police officer who fatally shot a Black motorist in the back of the head during a struggle over a Taser will stand trial for second-degree murder.
Grand Rapids District Court Judge Nicholas Ayoub said Friday during the final day of Christopher Schurr's preliminary examination that he will review the evidence and issue a written opinion on Monday.
Schurr is charged of Patrick Lyoya, 26, following a traffic stop, short foot chase and scuffle across lawns in a Grand Rapids neighborhood.
The traffic stop, Schurr's questioning of Lyoya and struggle video. Lyoya's shooting was recorded on the cellphone of a passenger in his car.
Lyoya, a native of the Congo, was on the ground when he was shot.
Schurr, who is white, later by the police department.
The only witness called Friday was Grand Rapids police Capt. Chad McKersie, who testified on behalf of the defense and said Lyoya had gained some advantage over Schurr.
鈥淵ou can see Officer Schurr present the weapon, and it was immediately grabbed by Mr. Lyoya,鈥 McKersie said of the Taser. It 鈥渁ppears the officer was unable to control that individual.鈥
McKersie said the officer鈥檚 police body camera video appears to show Schurr tiring as he and Lyoya fought. McKersie also said that Lyoya appeared to have a weight advantage.
During 鈥渁 long, drawn-out struggle, you can only go at 100% for so long,鈥 McKersie said.
during the first day of Schurr's preliminary examination that the officer 鈥渁lways had the upper hand鈥 during the struggle with Lyoya.
Butler lives in the neighborhood where Schurr pulled over a car being driven by Lyoya. Butler saw the struggle, but not the actual shooting.
Video shows Schurr telling Lyoya that he stopped his car because the license plate didn鈥檛 match the vehicle. Roughly a minute later, Lyoya began to run after he was asked to produce a driver鈥檚 license.
Schurr fired the fatal shot while demanding that Lyoya let go of the officer鈥檚 Taser. The device discharges small amounts of electricity to incapacitate someone.
Schurr鈥檚 attorney, Matt Borgula, argued Friday that the shooting was justified because Schurr was met with force during a lawful arrest.
鈥淭here is absolutely no evidence ... that he did anything unlawful,鈥 Borgula said of Schurr. 鈥淎nd there is absolutely no evidence that Patrick Lyoya did anything but fight the entire time. He pushed. He shoved, popped his arms.鈥
Kent County Prosecutor Christopher Becker said the only issue in the case is whether there is some sort of justification for the shooting.
鈥淯ltimately, that's a jury question,鈥 he said. 鈥淚t's going to be up to 12 people from Kent County to make this decision as to whether this is reasonable or whether this is necessary.鈥
Grand Rapids, which has a population of about 200,000, is 160 miles (260 kilometers) west of Detroit.
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Williams reported from West Bloomfield, Michigan.
