GRAND RAPIDS, Mich. (AP) — A prosecutor has asked a judge not to dismiss a second-degree murder charge against a former Grand Rapids police officer accused of shooting a Black motorist in the back of the head during a struggle over a Taser.

Kent County Prosecutor Chris Becker filed court papers this week opposing a bid by an attorney for former Officer Christopher Schurr to dismiss the charge in the shooting death of Patrick Lyoya last April.

Becker said in court documents filed Tuesday that the district court did not abuse its discretion in finding probable cause to bind Schurr over on the charge. Therefore, Schurr’s request to dismiss the charge should be denied, the prosecutor said.

FILE – Peter Lyoya, father of Patrick Lyoya, wipes his eyes after looking at video of his son’s shooting during a news conference, Dec. 7, 2022, in Detroit.

Kent County Circuit Judge Christina Elmore will hear both sides’ arguments during a motion hearing scheduled for 8:30 a.m. Feb. 2.

Peter Lyoya holds up a picture of his son Patrick Lyoya, 26, at his home in Lansing, April 14, 2022.

The case currently is set to go to trial March 13.

Attorneys for Lyoya’s family have filed a separate civil lawsuit against Schurr and the City of Grand Rapids.