michigan court of appeals rules, 2-1, that case of officer Chris Schurr (Lyoya) should go to trial; “decision will probably be appealed” to michigan supreme court—meaning another half-year delay

By Grand Rapids Anonymous
thursday, january 25, 2024 at 4:14:00 p.m. est

“grand rapids, mich. (wood) — the Kent county prosecutor has warned that the criminal case against the former police officer who shot and killed Patrick Lyoya will likely continue to move slowly even after the michigan court of appeals issued a ruling affirming Christopher Schurr’s bindover to trial.

“‘(i)t is important to caution everyone that this does not imply the case will go to trial anytime soon,’ Kent county prosecutor Chris Becker wrote in a thursday statement.

“he said he expects the defense to appeal to the michigan supreme court.

“Schurr’s attorney, Matthew Borgula, said in his own statement that the defense team is ‘considering our options going forward and may seek leave to appeal the decision a higher court.’

“the defense has 56 days to file an appeal, and then the prosecution would get a chance to respond.

“‘(t)his process will take additional time,’ Becker wrote. ‘It will then be up to the [michigan] supreme court to decide whether to hear the appeal. in short, we anticipate a further delay in any trial proceedings.

“Ven Johnson, the attorney representing the Lyoya family in its civil lawsuit against Schurr, said the family has been discouraged by the delays in the case and that another appeal would compound that.

“‘the Lyoya family remains distraught about the cold-blooded killing of their son, and any of these delays adds more insult to injury, as it would with any parent, any family member of someone wrongfully murdered,’ Johnson told reporters in short virtual news conference thursday afternoon. ‘so obviously, they would be extremely upset.’

[N.S.: The hell, they would.]

“in a 2-1 decision thursday, the michigan court of appeals ruled that a lower court’s judge did not make a mistake in sending the case on to trial, saying there was enough evidence to do so and rejecting Schurr’s lawyers’ argument that common law allowed Schurr to use deadly force to try to arrest a fleeing felon. the court ruled that it will be up to a jury to decide whether Schurr had a legitimate self-defense claim.

“‘they recognized this case should move forward and we were justified under michigan law in filing the charges we did,’ he wrote.

“Borgula said the defense ‘respectfully disagree(s) with the ruling,’ given that it is undisputed that mr. Lyoya had disarmed Officer Schurr of his (t)aser.’ he referenced the dissent opinion in which one of the appellate judges said the taser was a dangerous weapon even though it had been discharged twice because it could be used in drive stun mode.

“what is in question is whether Schurr’s actions constituted murder. prosecutors, saying he was not justified in the shooting, charged him with second-degree murder in june 2022. Schurr’s defense team argues his actions were justified.”

https://www.woodtv.com/news/grand-rapids/prosecutor-anticipates-another-appeal-in-lyoya-case/

--GRA

N.S.: The prosecutor, Kent county prosecutor Chris Becker, and the judges and racial socialist activists supporting him, are all presupposing that Patrick Lyoya had a right to slaughter Officer Chris Schurr. No alternate interpretation is logically or morally possible. Lyoya was trying to kill Officer Schurr, until either Lyoya slaughtered him, or Officer Schurr killed him. The "allies" are all telling White cops that they have no right to arrest black criminals.

dnc law professor Tonya Krause-Phelan lied, in asserting,

“‘the defense is basically admitting that the elements of second-degree murder have been met, to the extent that Mr. Schurr caused the victim’s death and acted with malice,’ Cooley law school professor Tonya Krause-Phelan explained.”

She didn’t “explain” spit. She lied. Officer Chris Schurr didn’t act with malice. Krause-Phelan, like Lyoya’s other supporters, assumes that every black has a license to kill White cops (including the White-enough, like George Zimmerman), and the Whites, or White-enough, have a duty to die.

The significance of the delay is that it lengthens Officer Christopher Schurr’s life. Once a trial is scheduled, it will be yet another show trial, with the now de riguer racist threats of violence against White jurors, “guilty” verdict, and Officer Schurr, instead of being kept out of general population, will be placed in a situation in which colored cut-throats will compete for the opportunity to slaughter him (see Chauvin, Officer Derek).

The “ally” judges on the michigan court of appeals, who seek to end Officer Chris Schurr’s life, are Kathleen A. Feeney and Colleen A. O’Brien.

Judge P.J. (Brock) Swartzle dissented.

The michigan court of appeals ruling can be read here.