LANSING, Mich. — The former Grand Rapids police officer charged with 2nd degree murder was denied his request for the state's highest court to take up the case.
The Michigan Supreme Court on Monday issued an order denying the appeal by Christopher Schurr. The fired officer is criminally charged the death of Patrick Lyoya.
Schurr hoped the Michigan Supreme Court would reverse a ruling by a Kent County District Court judge that moved the case closer to trial. Nearly 7 months after the appeal was filed, the justices decided the case did not warrant further review.
In the order issued Monday, the court's majority noted the decision to bind the case to Kent County Circuit Court was within the "principled range of outcomes."
Two justices, David Viviano and Brian Zahra, dissented from the ruling, arguing the appeal should have been sent back to the Michigan Court of Appeals for further review of whether Lyoya was in possession of a dangerous weapon at the time of the shooting.
Lyoya was killed April 4, 2022 during a struggle with then-officer Schurr near Nelson Avenue and Griggs Street.
During the struggle, it is alleged that Lyoya gained control of Officer Schurr's TASER. While Lyoya was on the ground, Schurr drew his service firearm and fired a single shot.
Grand Rapids Police released video of the shooting nearly two weeks later.
Click here for more coverage on the shooting death of Patrick Lyoya.
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.
Schurr's counsel argues that his actions were justified under the circumstances, filing an appeal of the ruling. However judges from District Court, Circuit Court, the Michigan Court of Appeals, and now the Michigan Supreme Court have rejected that argument.
On Monday, Kent County Prosecutor, Chris Becker released a statement on the order, saying "I am very pleased with the decision today by the Michigan Supreme Court; the courts at all levels have consistently held throughout this process that the charges were justified, and the case should proceed to have a jury decide the matter. We hope to move forward as quickly as possible to have a final resolution for Patrick’s family who has been patiently waiting for years for this to occur."
READ THE FULL ORDER BY THE MICHIGAN SUPREME COURT
MSC Ruling Denying Leave to Appeal by WXMI on Scribd
The trial for Schurr has been on an indefinite hold amid his appeals.
Schurr also faces a civil lawsuit by the Lyoya family.
Matthew Borgula, one of Schurr's attorneys, released the following statement:
"The Michigan Supreme Court has declined to hear Officer Schurr’s interlocutory appeal. This case presents significant, state-wide legal issues that could arguably benefit from clarity before proceeding further in the Circuit Court. The interlocutory appeal was an attempt to seek such clarity. We firmly believe that the questions raised in this matter are critical not only to Officer Schurr but to all similarly situated police officers across Michigan.
"While we respect the Court’s decision, we remain steadfast in our commitment to justice. Officer Schurr is innocent, and we are fully prepared to demonstrate that in court. We look forward to presenting the truth and ensuring Officer Schurr’s rights are protected throughout upcoming court proceedings."
Attorney Ven Johnson, who represents Lyoya's family, responded to Monday's ruling with the following statement:
"On behalf of the Lyoya family, we are thrilled to announce that in the Schurr criminal case appeal, the Michigan Supreme Court has ‘denied the application for leave to appeal,’ which means it will not be hearing this case at this time. Accordingly, the case will now return to the trial court, where a scheduling conference and trial date will likely be set for some time in 2025."
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