GRAND RAPIDS, Mich. — Kent County Prosecutor Chris Becker has requested the judge not dismiss the second-degree murder charge against former GRPD officer Christopher Schurr in the shooting death of Patrick Lyoya last April.
Earlier this month, Schurr's attorney asked a district court judge to dismiss the 2nd-degree murder charge filed against Schurr, who is captured on cellphone video shooting Patrick Lyoya in the back of the head following a traffic stop.
Schurr's attorneys already tried to convince Judge Nicholas Ayoub to dismiss the case, but the judge instead bound over the case to Circuit Court to face a jury.
This appeal is something Kent County Prosecutor Chis Becker expected, and he filed documents to dismiss the motion to quash on Jan. 24.
Becker says in court documents that the district court did not abuse its discretion in finding probable cause to bind Schurr over on the second-degree murder charge.
Therefore, he argues, Schurr's request to quash the bind over should be denied.
Becker believes there is enough evidence for the murder charge as opposed to the lesser count of manslaughter.
Depending on how this appeal is handled, the trial date is set to begin on March 13, 2023.
Judge Christina Elmore is expected to preside over the trial.
Attorneys for Patrick Lyoya's family filed a separate civil lawsuit late last year against the former officer and the City of Grand Rapids.
The lawsuit seeks two counts of excessive force against ex-GRPD Officer Christopher Schurr in Patrick Lyoya's killing, and claims the City of Grand Rapids is liable for the "atmosphere at GRPD, which influence Schurr to use excessive force on Lyoya."
The family is seeking damages, a jury to decide any punitive damages, attorney's fees, and to award Patrick Lyoya's estate medical, hospital, funeral and burial expenses.
READ MORE: Attorneys for Lyoya family claim excessive force & gross negligence in civil lawsuit against ex-officer, City of Grand Rapids
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