GRAND RAPIDS, Mich. — The trial against the ex-Grand Rapids police officer accused in the shooting death of Patrick Lyoya that was scheduled for October has been canceled while an appeal from defense attorneys works its way through the Michigan Court of Appeals.
Christopher Schurr was charged with second-degree murder two months after the deadly shooting occurred on April 4, 2022.
The Kent County Prosecutor’s Office says the Court of Appeals has yet to set a date to review whether Schurr was properly bound over to stand trial in Lyoya’s death. A ruling is required to move ahead with court proceedings.
Back in February, Circuit Court Judge Christina Elmore heard arguments from Schurr’s attorney and Kent County Prosecutor Christopher Becker on the motion to quash the second-degree murder charge against the former Grand Rapids police officer accused of killing Patrick Lyoya after a traffic stop turned violent on April 4, 2022.
In a preliminary hearing held over three days in October, 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, 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 filed the motion back on January 9, arguing that 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 Jan. 24 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.
In April, the Michigan Court of Appeals granted a request from Schurr’s attorney and will review the decisions by Judge Ayoub and Judge Elmore.
The ruling resulted in legal proceedings in Schurr's case being put on pause at the county level.
Tuesday, Becker announced the Circuit Court adjourned Schurr's scheduled jury trial due to the legal proceedings before the Court of Appeals.
As a result, the final status conference – originally scheduled for July 19 – has also been adjourned, prosecutors say. The same goes for the trial against Schurr, which was previously set for Oct. 24.
"We respect the judicial process and we understand the community has a vested interest in the progress of this case. However, this adjournment was not a surprise given the status of the case in the Court of Appeals as it simply would not be possible to keep the dates set by the 17th Circuit Court as we await a date to be set for oral argument with the higher court reviewing the case. Additional updates on the progress of this case will be provided as warranted," Becker wrote in a statement released Tuesday afternoon.
We’re told updates on the case will be delivered once the Court of Appeals releases a decision.
READ MORE: Shooting death of Patrick Lyoya: a timeline of events
