The Michigan Supreme Court has cleared the way for a police officer to face trial for second-degree murder in the death of a man who was shot in the head.

In a 5-2 order, the court let stand a Court of Appeals opinion in favor of the Kent County prosecutor.

Patrick Lyoya, a Black man, was killed at the end of a traffic stop in Grand Rapids. He ran and physically resisted Officer Christopher Schurr after failing to produce a driver’s license.

Video shows Lyoya was shot in the back of the head while on the ground.

Defense lawyers said Schurr, who is white, feared for his safety. Schurr claimed Lyoya had control of his Taser when he shot him. Video shows the officer demanding that Lyoya take his hands off the device.