The Michigan Supreme Court denied the request to quash and dismiss the murder charge against former Grand Rapids police officer Christopher Schurr.
He is charged with second degree murder after shooting Patrick Lyoya in the back of the head following a traffic stop, chase and physical struggle in April 2022.
His lawyers asked the high court to grant the appeal and dismiss the murder charge, arguing he was justified in using deadly force within his rights as a law enforcement officer.
But the justices ruled those arguments did not persuade them to review the case and denied the requests.
Following the decision, Kent County Prosecutor Chris Becker issued the following statement:
"I am very pleased with the decision today by the Michigan Supreme Court; the courts at all levels have consistently held throughout this process that the charges were justified, and the case should proceed to have a jury decide the matter. We hope to move forward as quickly as possible to have a final resolution for Patrick’s family who has been patiently waiting for years for this to occur.”
A trial date has not yet been scheduled.