GRAND RAPIDS, MI — Attorneys for the previous officer charged in Patrick Lyoya’s killing desire a choose to dismiss the second-degree homicide cost in opposition to him, citing three causes.
A movement launched Tuesday, Jan. 10 on behalf of former Grand Rapids Officer Christopher Schurr asks Kent County Circuit Decide Christina Elmore to overturn an October ruling by Grand Rapids District Courtroom Decide Nicholas Ayoub.
Associated: $100 million sought in Lyoya family’s lawsuit against Grand Rapids and officer who killed him
Ayoub, after listening to 2 days of testimony, ruled Schurr should face trial within the April 4 capturing of Patrick Lyoya.
Schurr made a visitors cease on Lyoya’s automobile about 8:10 a.m. in a Southeast Grand Rapids neighborhood. When Schurr requested for Lyoya’s license, Lyoya tried to run.
Schurr caught up with him and the 2 struggled for a prolonged interval. Schurr twice fired his Taser but it surely was not profitable.
As the 2 continued to battle, Schurr was on high of Lyoya and yelled “let go of the Taser” earlier than firing his handgun. Lyoya was shot at the back of the top.
Within the movement, Schurr’s attorneys argue the decrease courtroom choose made a mistake.
“Michigan regulation permits Officer Schurr to make use of lethal power (1) to forestall Patrick Lyoya from fleeing and to effectuate his arrest, (2) underneath authorized authority given to Officer Schurr by the State in response to power utilized by Lyoya, and (3) in self-defense,” they wrote.
The attorneys additionally argue that Kent County Prosecutor Chris Becker ought to have offered proof as to why he believes Schurr didn’t act in self-defense.
Associated: March trial date set for officer accused in Patrick Lyoya’s shooting death
On the preliminary listening to the prosecution did not current even a scintilla of proof to help a discovering of possible trigger that Officer Schurr’s actions had been unjustified underneath the Self-Protection Act,” they wrote.
Becker is anticipated to situation a response to the protection movement.
A timetable for Elmore to rule on the movement is just not clear.
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