A Kent County circuit judge ruled on Friday that a lower court correctly ruled in binding former Grand Rapids police officer Christopher Schurr to stand trial for the April 2022 fatal shooting of Patrick Lyoya, a Black motorist. Schurr has been charged with second-degree murder. Schurr's lawyers filed a motion last month arguing that he should not have to face trial, as he acted within his rights as a police officer to use lethal force to subdue a fleeing subject. Kent County Prosecutor Chris Becker has disagreed, saying it should be up to a jury to decide whether the use of force was justified. Lyoya, 26 at the time of his death, was a Congolese refugee. Footage released by the Grand Rapids Police Department showed Lyoya attempting to run away from Schurr after the officer pulled him over near the city's southeast side during the morning of April 4, 2022. After a physical struggle, Schurr ended up on top of Lyoya in a nearby front lawn. The officer, yelling "let go of the Taser," shot Lyoya in the back of the head. Circuit Judge Christina Elmore said the decision from the district court to bind Schurr over for trial, made in October of last year, was correct. She noted the district judge had to confirm only that there was probable cause for the charge, a much lower standard than the beyond reasonable doubt standard needed for a jury to convict someone. More: Family of Patrick Lyoya sues Grand Rapids, police officer who fatally shot Black man More: Former officer Christopher Schurr to stand trial in shooting death of Patrick Lyoya “I’m not saying he doesn’t have a defense," Elmore said ". . . But probably, there’s probable cause. ” Matthew Borgula, one of Schurr's attorneys, said the Michigan Legislature should have passed a bill defining when it is appropriate for an individual, whether a police officer or ordinary citizen, to use deadly force. Without a clear statute from the Legislature, Borgula said he had to rely on 19th-century common law. Elmore was less than receptive to the argument. “There’s no distinction between officers and private citizens when it comes to using deadly force while making an arrest," she said. "Either way, these are questions for a jury to decide. ” The trial is slated to begin March 13 in Kent County. Borgula told news media after the hearing he plans to seek leave to appeal Elmore's ruling. Should the Court of Appeals agree to consider Borgula's request, the trial could be delayed further. Schurr had been a Grand Rapids police officer since 2015. The department fired him after Becker charged him in June of last year. Neither Schurr, nor the family of Lyoya, attended Friday's hearing, unlike the preliminary exam in October. Lyoya's family has filed a civil lawsuit against Schurr and the Grand Rapids police department , seeking $100 million in damages. The lawsuit alleges Schurr and the department violated Lyoya's civil rights. Lyoya's death sparked protests against police brutality in Grand Rapids and elsewhere last year. Citizen advocacy groups have called for accountability from the Grand Rapids Police Department, particularly as it navigates through other civil rights investigations from a state watchdog. Contact Arpan Lobo: alobo@freepress. com . Follow him on Twitter @arpanlobo . Become a subscriber today. .