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Schurr's legal team files motion to dismiss in Patrick Lyoya murder trial

Emily Rose Bennett / The Grand Rapids Press Via AP
Grand Rapids police officer Christopher Schurr stops to talk with a resident in 2015 in Grand Rapids, Mich.

Former Grand Rapids Police Officer Christopher’s Schurr’s legal team Tuesday filed a motion in Kent County Circuit Court requesting that the 2nd Degree Murder charge against him be dropped.

Schurr is accused of shooting Congolese Immigrant Patrick Lyoya in the back of the head during a traffic stop in April of 2022.

In October, District Court Judge Nicolas Ayoub determined that prosecutors had provided sufficient evidence to send the case to trial.

In a court filing Tuesday, Schurr’s legal team says, that never should have happened, arguing, quote,

“The government’s evidence presented at the preliminary examination failed to provide disputed facts that would leave any question open for a jury to decide or support a finding that Officer Schurr committed a crime.”

During the preliminary examination in October, the defense argued that Schurr was justified in shooting Lyoya; after the two wrestled over control of the officer’s taser, which, can be, a deadly weapon to some.

Prosecutors argued Schurr should have de-escalated the situation, called for backup and not tried to make the arrest on his own.

Christopher Schurr’s trial is currently scheduled to begin on March 13.

He faces life in prison with the possibility of parole if convicted.