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Appeals Court denies Schurr's motion for reconsideration 2-1

Schurr enters court 03072024.jpg
Posted at 2:22 PM, Mar 07, 2024
and last updated 2024-03-07 18:55:47-05

LANSING, Mich. — The Michigan Court of Appeals has denied a motion to reconsider its Feb. 15 ruling that a former Grand Rapids police officer charged with the death of Patrick Lyoya must stand trial.

The court issued its ruling by a vote of 2-1 Thursday afternoon, saying only that "the motion for reconsideration is denied."

Matthew Borgula, attorney for Christopher Schurr, issued FOX 17 the following statement on the matter:

“The Court of Appeals panel that heard Officer Schurr’s direct appeal has decided against reconsideration of its decision, with Judge Swartzle once against in dissent. We intend to push on to the Michigan Supreme Court in hopes that body will resolve the important issue of when a police officer may be charged with a crime for conduct in conformity with his training and department policies in the course of making a lawful arrest.”

The COA previously ruled that Schurr should stand trial, affirming the decision to have the former officer bound over to district court was the right move.

Schurr’s lawyers disagreed, contending “factual and legal errors” contributed to the decision to have Schurr bound over. They said the move would affect the case’s outcome and asked the COA to reconsider its previous ruling.

Schurr is charged with second-degree murder after fatally shooting Lyoya during a traffic stop in April 2022.

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Schurr's lawyers work to appeal COA ruling for former officer to stand trial (fox17online.com)

View our complete coverage of the shooting death of Patrick Lyoya.