GRAND RAPIDS, Mich. (Michigan News Source) – Lawyers for a former Grand Rapids police officer charged with second-degree murder asked a state appeals court on Wednesday to throw out the charges.

Christopher Schurr is charged with killing motorist Patrick Lyoya in April 2022 after a traffic stop turned physical.  Schurr said he pulled over the 26-year-old Lyoya after his vehicle and plates did not match. The former officer said he feared for his life and that during the scuffle, Lyoya reached for the officer’s taser. A ruling is not expected immediately.

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Defense attorney Matt Borgula argued Schurr’s actions were justified based on theories of law which involve self-defense, force in response to force used by the suspect, and the fleeing felon rule.

Prosecutors said the role of the appeals court is not to decide if Schurr is guilty, but rather if there are questions of fact that must be decided by a jury.

Lyoya’s family filed a lawsuit seeking $100 million against the City of Grand Rapids and the former officer Lyoya. Last month, a judge ruled that the city be dropped from the lawsuit.