GRAND RAPIDS, Mich. (WXMI) — The tentative trial date in The People v. Christopher Schurr has been set.
Schurr, a former Grand Rapids police officer, is charged with second-degree murder for the death of Patrick Lyoya.
Lyoya was shot in the back of the head following an April 4 traffic stop.
March 13 is the day the trial will tentatively begin.
But before that, Schurr's defense says they plan to argue to the circuit court judge that this case belongs in a lower court.
The defense says that by Jan. 9, they will release their findings, explaining this is a case of first reference in the entire state of Michigan — where an officer is charged with murder for an action they took while in the line of duty.
The defense pointed to testimony given by a Grand Rapids Police Department training captain during Schurr's preliminary hearing.
That captain said Schurr did everything he was trained to do.
The defense said because there are no state laws regarding this matter, the court is left to refer to common law.
"The critical issue is when can the officer use deadly force to make a logical arrest," attorney Matthew Borgula said. "The prosecution has said anytime someone is shot, they can be charged with murder, and a jury can decide if deadly force was necessary. We disagree. ... We think the police officer in this case is afforded certain rights and privileges as an officer, whose job it is to protect and defend the citizens."
The biggest takeaway from Wednesday's scheduling meeting was Schurr's defense saying they'll release this brief to us come January.
