GRAND RAPIDS, Mich. — Kent County Prosecutor Chris Becker expects an appeal from Christopher Schurr’s defense team and that a jury trial will happen sometime in 2023 at the earliest.
He described the accused ex-cop’s bind over to the 17th Circuit Court as a “low bar” achievement.
“At this point in time, I don't know where or when it's going to be,” Becker said in a media scrum following 61st District Court Judge Nicholas Ayoub’s decision. “Normally, we'd have a Circuit Court judge and about – probably three or four weeks – there'll be a settlement conference within 60 days. But that's going to be a little bit different. Because I think there's, I'm sure they're going to appeal.”
Schurr is charged with 2nd-degree murder in connection to the April killing of Patrick Loyoya. The Kent County Prosecutor’s office will be tasked with proving that Schurr’s use of deadly force was not justified.
“This is not over by any stretch of the imagination,” Becker said. “It's going to be something that's going to go through the court at this point in time.”
Becker told reporters he believes there is enough evidence for the murder charge opposed to the lesser count of manslaughter.
“I think the elements of secondary murder are there – that's why I charged it,” he said. “I think that's just what the elements, as the judge put in his opinion, that's what the elements are, and I think there's a sufficient basis to go to trial.”
Schurr’s defense attorney Matt Borgula disagreed with the judge’s decision.
“We're not surprised,” he said. “But at the same time, I think the judge indicated – at least in part – that there are some significant questions here that will make it very difficult for the prosecutor to prove beyond a reasonable doubt that officer Schurr committed a crime. And we feel strongly that he would be acquitted during a jury trial.”
Lewis Langham, a professor emeritus at WMU's Cooley Law school, said he anticipated that the judge would decide in the state’s favor. Although a total of eight testified during the preliminary hearing last week, he said he expects more witness testimonies when the trial does happen.
“Both sides are going to put forth obviously their best, their best cases, for both sides, and it's going to be a trial that's going to last a while,” Langham said.
When it comes to jury selection, Langham said it’s likely most will be aware of the case.
Because it is likely most residents remember the killing of Lyoya, he said that doesn’t necessarily mean jurors familiar with the case will be excluded.
“Even if they are familiar with it, are they willing to put aside any thoughts that they have about the case?” Langham asked. “And are they willing to listen to the evidence, presented only in the courtroom during the trial, and hold off on making any decision whatsoever until after? Until, after all that evidence has been admitted? If they can do that, and admit to it in front of the court, then the judge will allow them under most circumstances to remain as jurors.”
Although plenty of filings and motions are expected, a court date has not been set.
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