GRAND RAPIDS, Mich. — The lower courts got it wrong.
That's what former Grand Rapids Officer Christopher Schurr is arguing to Michigan's high court in an effort to toss out his murder case.
Schurr is charged with second-degree murder after shooting Patrick Lyoya in the back of the head following a traffic stop in April of 2022.
In the latest legal challenge by his defense team, they've applied for leave to appeal to the Michigan Supreme Court.
His legal team asks the high court to grant the application for appeal, vacate the district court's bindover and dismiss the murder charge against Schurr.
They argue Schurr was justified in using deadly force, citing he was protected under the "fleeing-felon rule."
The Michigan Court of Appeals said in March it won't reconsider its ruling that there is enough evidence to send Schurr to trial.
Kent County Prosecutor Christopher Becker said previously he expected Schurr to appeal to the high court.
"This was not a surprise, we knew it was coming, and we will file our response in the Supreme Court within the 28 days as required by law," Becker said in a statement Friday.
Here's a look at the case over the past two years:
- April 13, 2022: A little more than a week after Lyoya's death, the dash cam, body cam and passenger video were released to the public.
- April 22, 2022: Lyoya was laid to rest alongside his family, friends, community members and civil rights leaders nearly three weeks after his death.
- April 25, 2022: After weeks of public pressure, GRPD Chief Eric Winstrom—who was just over a month into his role as chief—publicly identified Christopher Schurr as the officer involved in Lyoya's death.
- June 9, 2022: Schurr, who had been with the department since 2015, was charged with second-degree murder in Lyoya's death.
- June 10, 2022: Schurr was arraigned on the second-degree murder charge after he turned himself in in Calhoun County. Schurr bonded out, and a not-guilty plea was entered on his behalf. That same day, he was fired.
- June 21, 2022: Schurr's legal team appeared in court and waived the hearing, pushing it back to July 18.
- July 12, 2022: The legal team then asked the judge to push back a hearing to the end of August. They said a large amount of information gathering was still needed before the case went any further, and asked the judge for an adjournment of the July 18 preliminary exam hearing. The hearing was moved to Aug. 30.
- Aug. 18, 2022: A Kent County judge delayed the preliminary examination for Schurr for a second time. The judge ruled that the hearing would be adjourned without a date.
- Oct. 27, 2022: Schurr appeared in court in person for the first time seven months after Lyoya was killed. The prosecutor was tasked with presenting evidence to the judge through witness testimony, body camera and other video surveillance.
- Oct. 31, 2022: A Michigan judge decided Schurr would face a jury.
- Dec. 14, 2022: A trial date was set for Schurr. The date chosen was March 13, 2023.
- Feb. 10, 2023: A judge ruled that Schurr would face trial in October.
- July 11, 2023: Schurr's murder trial was put on pause. The court adjourned the final status conference and the jury trial in Schurr's case. The adjournment came as the Michigan Court of Appeals considered the defense's request for a leave to appeal.
- Sept. 6, 2023: The Michigan Court of Appeals heard arguments over the murder charge against Schurr.
- Jan. 25, 2024: The Michigan Court of Appeals ruled that there is enough evidence for Schurr to stand trial for the murder of Lyoya.
- Feb. 15, 2024: Schurr's attorneys asked the appeals court to reconsider their findings.
- March 7, 2024: The court denied their appeal in a 2-1 vote.
You can read the filing here:
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