Can the Michigan Attorney General Refile Charges Against Christopher Schurr for the Shooting Death of Patrick Lyoya?
What does Michigan law say?
Note: I said we’re trying to keep this channel non-political. Hopefully, you won’t see this article as political. I’ve read other news articles trying to address the question of the Attorney General stepping into the Schurr case, and I don’t think those articles fully answer the question. So here is some more information that I hope you find helpful.
Other note: This article is by Michelle Steffen. Bill didn’t write this article, didn’t approve it in advance, and is not endorsing it. Michelle is a licensed attorney and former assistant prosecutor. She does not currently practice law.
Can the Michigan Attorney General Refile Charges against Christopher Schurr for the Shooting Death of Patrick Lyoya?
Kent County prosecutor Chris Becker announced last Thursday that he won’t be retrying Christopher Schurr for the shooting death of Patrick Lyoya. The decision comes after a jury of 12 did not reach a verdict following a jury trial. There were conflicting reports of exactly what the jury split was, but prosecution and defense both said that the jurors were more in favor of acquittal than leaning towards conviction.
With prosecutor Becker declining to retry the case, his office will likely submit a nolle prosequi document, asking the court to dismiss the charges. They’ll need to put the prosecutor’s decision not to retry the case on the record, since his announcement was made outside of court at a press conference.
The next question is – Can the Michigan Attorney General’s office pick up where prosecutor Becker left off? Can they file charges against Christopher Schurr?
Can the Michigan AG try Christopher Schurr now that the Kent County Prosecutor isn’t going to?
Prosecutor Becker said, “Technically, the attorney general could.”
I think technically, the attorney general can’t. Here’s why.
The Michigan Attorney General has limited power. There are circumstances where they can prosecute. Examples are where the local prosecutor has a conflict of interest, where there is a state interest, where there are funds owed to the state, and investigations of public departments. They have an entire AG division devoted to child support enforcement.
The authority that the Michigan Attorney General has is listed in Michigan law Chapter 14, Attorney General (Revised Statutes of 1846). In addition to Chapter 14, MCL § 49.160 authorizes the AG to act in the event of a conflict of interest, which has not been alleged in the Schurr case.
There are several reasons the AG can get involved – Disagrees with a local prosecutor about a charging decision – is not one of them.
Michigan Prosecution Structures – County Prosecutors and the Attorney General
Each county elects their own prosecutor. Most counties have deputy prosecutors under the elected county prosecutor. A small county might have one – Wayne County has about 180 assistants. There are also city attorneys who prosecute ordinances and criminal violations investigated by city officials and local police. City attorneys are usually directly hired by the cities they work for.
The Attorney General doesn’t act as a superseding prosecutor of all prosecutors. Instead, their authority is limited to certain matters.
Disagreeing with a local prosecutor’s decision to file or dismiss criminal charges, without another qualifying reason, is likely not grounds for a Michigan Attorney General to pursue criminal charges against a defendant.
Will Dana Nessel charge Christopher Schurr?
Of course, Dana Nessel can file charges and try to proceed. If that happens, the issue will likely be appealed.
I think the answer is no – that Dana Nessel does not have the authority under Michigan law to circumvent Kent County prosecutor Becker’s decision, based on the limited authority given by Michigan law. If Nessel tries, the question will likely be appealed to higher courts. I think the final decision will likely favor Schurr.