GRAND RAPIDS, Mich. — The Michigan Court of Appeals ruled Thursday that ex-GRPD officer Christopher Schurr can stand trial for the death of Patrick Lyoya.
In a 2-1 vote, the judge panel ruled the 60th District Court decision to bind the case over to 17th Circuit Court was properly done. Schurr's legal team had appealed that ruling.
Now the case can move forward in Circuit Court. No date has been set for the trial.
In a statement, Kent County Prosecutor Chris Becker called for patience as the legal process plays out.
"This has been a long road and they have been very understanding through a difficult time for their family. We must let the appeals process continue to ensure we are protecting their rights as well as those of the defendant."
Read the full majority opinion and the dissent opinion at the bottom of this article.
Click here for more coverage on the shooting death of Patrick Lyoya.
Schurr is charged with second-degree murder after shooting Patrick Lyoya to death during a traffic stop on April 4, 2022.
In a preliminary hearing held over three days in October 2022, a District Court judge determined there was ample probable cause to proceed with the second-degree murder charge and bound the case over to Circuit Court.
In January 2023, lawyers for the former GRPD officer filed a motion arguing the district court overstepped its judgment in making that decision and formally requesting the case be thrown out.
Schurr’s attorneys argued the case never should have been bound over to Circuit Court, as they believe his actions on April 4 did not meet the legal requirements of a second-degree murder charge.
The judge ultimately ruled there was enough probable cause for Schurr to stand trial and bound the case over to Circuit Court.
The motion filed by Schurr’s legal team claimed, “The district court erred in its legal findings related to the raised defenses, and the government’s evidence presented at the preliminary examination failed to provide disputed facts that would leave any question open for a jury to decide or support a finding that Officer Schurr committed a crime.”
Prosecutor Becker filed his response to the motion on January 24, 2023 asking Judge Elmore to deny the defense’s motion to quash the charge, stating the district court did not overstep its judgment in sending the case to trial.
Judge Elmore upheld the District Court’s decision to send the case to Circuit Court saying the case will proceed to trial.
On April 13, 2023, the Michigan Court of Appeals granted a request from Schurr’s attorney and will review the decisions by Judge Ayoub and Judge Elmore.
The appeal to the Court of Appeals paused legal proceedings in Schurr’s case at the county level.
Michigan Court of Appeals Schurr Opinion Full.opn by WXMI on Scribd
Michigan Court of Appeals Schurr Opinion Dissent.opn by WXMI on Scribd
"I am very pleased with the decision handed down today by the Court of Appeals. They recognized this case should move forward and we were justified under Michigan law in filing the charges we did.
Nevertheless, it is important to caution everyone that this does not imply the case will go to trial anytime soon. The defense has the option to appeal this decision to the Michigan Supreme Court, which we fully expect they will do. They will have 56 days in which to make that appeal. After they file, we would have an opportunity to respond to their arguments, and this process will take additional time. It will then be up to the Supreme Court to decide whether to hear the appeal. In short, we anticipate a further delay in any trial proceedings.
We appreciate the patience of the Lyoya family through all of this. This has been a long road and they have been very understanding through a difficult time for their family. We must let the appeals process continue to ensure we are protecting their rights as well as those of the defendant."
Here's a timeline of everything that has happened since the deadly shooting.
