GRAND RAPIDS, Mich. – Attorneys for ex-police officer Christopher Schurr are trying to get his case dismissed before it goes in front of a jury.
During a traffic stop last spring, the former Grand Rapids officer shot and killed Patrick Lyoya while struggling over a taser.
Schurr was fired and has been charged with second-degree murder.
His attorneys are now trying to put the brakes on the case, filing a motion this week for the charges to be dropped.
In the filing, they argue Schurr acted in self-defense and that Michigan law allows police officers to use deadly force to stop someone from fleeing and to make an arrest.
The defense also pointed to a lack of clarity in Michigan law about when officers should or should not use deadly force.
“At present, it is ambiguous when a police officer may use force, including deadly force,” said the defense.
Read: Attorney: Ex-Michigan officer who killed Lyoya shouldn’t face trial
During their struggle, Schurr repeatedly told Lyoya to take his hands off the taser.
Video of the incident was presented during a probable cause hearing in October.
The district judge ultimately ruled there was sufficient evidence for the case to go before a jury, a decision the defense hopes to overturn.
The Kent County Prosecutor’s Office has two weeks to file a response to the motion to dismiss, which they fully intend to do.
As of now, the jury trial is set to begin on March 13.