GRAND RAPIDS, Mich. (WOOD) — Monday is a pivotal day in the murder case against former Grand Rapids police officer Christopher Schurr.

Schurr is charged with second-degree murder for shooting and killing Patrick Lyoya in April.

Kent County District Court Judge Nicholas Ayoub is expected to decide around 10 a.m. Monday whether there is enough evidence to send the case to trial.

This comes after two days of a preliminary examination earlier this week. The court heard from taser experts, Grand Rapids police officers who responded to the scene, people who lived nearby the shooting and the passenger who was in Lyoya’s car before he was killed.

Kent County Prosecutor Chris Becker said a jury should decide if Schurr shooting and killing Lyoya could be justified by self-defense. Defense attorneys said Schurr acted under police policy and did nothing wrong.

Lewis Langham Jr, a professor emeritus at WMU-Cooley Law School, said prosecutors must prove two things for the case to go to trial. First, the prosecution needs to show there is probable cause that a crime was committed.

“A person was shot from the back in the back of the head,” Langham said. “So taking that first portion of it, there’s probable cause to believe a crime was committed.”

Second, prosecutors have to show that the defendant, Schurr, committed that crime.

“That’s not even a question,” Langham said. “He was the one involved. We know who was involved. There’s not a guess there.”

Langham said for those two reasons, plus the fact most cases like this do get sent to trial, he’s “95% sure” the judge will send the case to trial.

“Especially in a case like this, it would be extremely rare for this case not to be bound over,” Langham said. “Close to an impossibility.”

Langham said “it’s a relatively low standard” that the prosecution needs to meet.

“It’s not a difficult challenge for the prosecution,” Langham said. “And the prosecution never puts on all of their witnesses at the preliminary exam because it’s not necessary. You don’t need every single witness that you’re going to use in a trial to be at the preliminary examination.”

If the judge sends the case to trial, Langham said don’t jump to any conclusions because the decision does not indicate whether Schurr is guilty or innocent of second-degree murder.

“That has nothing to do with the innocence or guilt of the defendant,” he said. “It’s just something happened, and there’s enough questions about what happened that a jury of the defendant’s peers need to decide this case.”

Cle Jackson, the president of the Greater Grand Rapids NAACP, told News 8 on Sunday that the Lyoya family “deserves their day in court” and the community should get the chance to weigh in.

“We’re just asking that the judge do his due diligence and actually allow the citizens in Grand Rapids to come together and actually have a jury trial,” Jackson said.

“We have full faith and confidence in the judge in his decision tomorrow,” Jackson said. “In the process, in terms of making sure that justice is fair, and that the community has an opportunity, a full opportunity to weigh in on the decision. The critical decision in this horrific situation.”

This week’s preliminary hearing was supposed to happen in July, but it was delayed twice. When the hearing was pushed back for a second time in August, it prompted Patrick Lyoya’s father to speak out.

“The more they’re postponing, it’s like a knife in my heart,” Peter Lyoya had said through an interpreter. “I’m bleeding more and more.”

Jackson said he has heard it could be more than a year before the case goes to trial.

“I’m hopeful that it will not be,” Jackson said. “Because at the end of the day, Patrick’s not here anymore. So he didn’t have that opportunity, his life to be delayed and given that second chance or third chance. So I think it’s critically important for the judicial system to make this a priority and make sure we move this forward. We’re seven months in already.”

Langham doesn’t think a trial will happen until sometime next year. He is expecting the prosecution and the defense to debate over what evidence will be allowed and what instructions will be read to the jury.

“The prosecutor may want to limit what the jury hears about Patrick Lyoya’s criminal history,” Langham said. “They may say it’s not relevant in these proceedings (or) it’s prejudicial.”

Both sides will also need time to prepare expert witnesses, Langham said.

Langham also said the case is not moving unusually slow.

“I understand whomever wants this to get going and be heard, but there’s a lot of things that need to be done,” Langham said. “And they need to be done right. And there’s no reason to rush. You can’t undo this.”

When the case eventually comes to a close, Jackson wants one thing for the Lyoya family.

“It’s critically important that we move this as quickly but being intentional in this process and making sure we at the end of the day get some closure for this family,” he said. “As much as we can get closure.”