September 6, 2023
In another legal case involving questionable police brutality, a panel of judges from the Michigan Court of Appeals heard from Kent Country prosecution as well as a defense attorney for former Grand Rapids police officer Christopher Schurr, who shot Patrick Lyoya to death in April of 2022. Defense attorney Matt Borgula argued that Schurr’s use of deadly force was justified to the “fleeing felon rule.” The judges will decide whether Schurr will go to trial on a second-degree murder charge.
The judges asked several questions to help frame their forthcoming decision, but seasoned criminal defense attorney Arthur J. Weiss mentioned that it’s difficult to predict judges’ thoughts based on their line of questioning. In this case however, he felt, based on their comments, that the panel obviously felt concerned about lower courts’ handling of the case.
Quoting the Detroit News article, “Weiss said it appeared the prosecutors believed every case like this should go to trial for a jury to decide on the questions of fact without any filtering process, such as a preliminary examination to determine if there is probable cause.”
