GRAND RAPIDS, Mich. — Former Grand Rapids Police Department Officer Christopher Schurr's legal team will have a chance to argue that the second-degree murder charge against him for killing Patrick Lyoya should be dropped.
The Michigan Court of Appeals informed Kent County Prosecuting Attorney Christopher Becker on Thursday that they have granted Schurr's defense team a request for leave to appeal.
The approved request allows the court to review the decisions by Judge Ayoub and Judge Elmore to send the case for trial.
Schurr is charged with second-degree murder for killing Patrick Lyoya after a traffic stop in April of 2022.
Becker released the following statement Thursday afternoon:
“We were informed by the Michigan Court of Appeals today (April 13, 2023) that they have granted the defense request for leave to appeal and will review the decisions by Judge Ayoub and Judge Elmore to set this case for trial. This was always a possibility, and simply means they are reviewing the determination that the defendant was properly bound over for trial. Both parties will have an opportunity to file additional briefs with the court, and present oral argument at a time to be set later by the Court of Appeals. We have no additional information at this time.”
Following the decision by the Michigan Court of Appeals, The Lyoya's family attorney, Ven Johnson, released this statement:
“In the criminal case, the Michigan Court of Appeals today granted the defense request for leave to appeal. The court will review the rulings made by Judge Ayoub and Judge Elmore, which reviews Judge Ayoub’s ruling that there was probable cause to believe that Christopher Schurr is guilty of second degree murder of Patrick Lyoya. This is a commonly used criminal defense tactic and simply means the determination that the defendant was properly bound over for trial is being reviewed. Despite this delay, it is part of the legal process, and we are confident that justice for Patrick Lyoya will be achieved.”
Schurr's trial is still currently set for October and will be presided over by Judge Mark Trusock of the 17th Circuit Court.
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