GRAND RAPIDS, Mich. — Testimony from witnesses called by the defense continued Thursday in the trial of Christopher Schurr, the former Grand Rapids police officer charged in the shooting death of Patrick Lyoya.
Schurr is charged with second-degree murder, which, in Michigan, carries a maximum sentence of life in prison with the possibility of parole.
On April 4, 2022, Schurr shot Lyoya, a 26-year-old Congolese refugee, in the back of the head during a traffic stop. As seen through body camera and dash camera videos from the incident — as well as a cell phone video recorded by a bystander — the two had been struggling over Schurr's taser in the front yard of a residence in a southeast Grand Rapids neighborhood.
While the former officer's lawyers claim he acted self-defense, Kent County Prosecutor Chris Becker says Schurr's actions were not justified.
Less than a week after Lyoya's death, protesters called for racial justice in a series of large demonstrations throughout Grand Rapids. A number of reforms were later implemented within the Grand Rapids Police Department.
More than three years after the deadly shooting, a jury of Schurr's peers will now determine his guilt — or innocence — in the second-degree murder case.
LIVE UPDATES (Thursday, May 1):
4:33 p.m.
Court is in recess. Proceedings will resume at 8:30 a.m. on Friday.
3:18 p.m.
A biomedical scientist with a specialty in bioelectricity, Dr. Mark Kroll, takes the stand.
Kroll says he has been working in the field of biomedical research since 1970.
Kroll is a co-editor of two books on electrical weapons such as tasers.
Judge Christina Mims accepts Kroll as an expert in the operations and effects of electrical weapons.
Kroll says he has twice testified in cases where an officer "lost control of their electrical weapon," resulting in the shooting of a suspect.
Kroll says he listened to the prior testimony of Seth Stoughton and Nicholas G. Bloomfield, a pair of expert witnesses on police use of force who were called to testify by the prosecution.
"Some things were incorrect," Kroll said about Stoughton's testimony.
Kroll agrees that, "in a split-second," Schurr could have had his taser used against him.
Kroll says officers are "sadly" forced to used deadly force.
Kent County Prosecutor Chris Becker begins his cross-examination of the witness.
Becker reads a peer-reviewed article written by Kroll, which states that out of 1.4 million Americans exposed to conducted electrical weapons (CEWs), only twelve died.
"Deaths are uncommon," Kroll said.
Becker reads another one of Kroll's writings, which says the effects of a taser cause less metabolic stress than "punching a heavy bag."
Kroll says the "primary danger" posed by a taser comes from a situation where an officer is at risk of being incapacitated by one.
If a suspect takes an officer's taser, Kroll says, it's his "impression" that generally accepted police practices say the officer can shoot the suspect with his firearm.
"Your impression of a police policy is not a policy," Becker says, adding that, in the history of police taser use in America, no officer has ever been fatally shot by a suspect who used the officer's taser to disarm and incapacitate them.
Kroll says the statistic proves the effectiveness of police policy that allows an officer to defend themselves in such a situation.
Becker again objects to the witnesses expertise on police policy.
Becker ends his cross-examination.
2:57 p.m.
Kent County Prosecutor Chris Becker begins his cross-examination of Lon Bartel.
Becker mentions articles cited in a study done by Bartel. They were incorrectly cited, he says.
Bartel agrees.
Becker asks if Bartel knows the weight of the body armor and equipment carried by a Grand Rapids police officer.
Bartel says no.
Becker brings up the weight of the equipment carried by firefighters.
"They're able to function... with that sort of load," Becker says.
Becker brings up Bartel's role at Force Science, which provides training to law enforcement officers, and also mentions Bartel's articles published in police publications.
Becker also brings up a LinkedIn post made by Bartel: "I'm going to tell you a dirty little secret, the only way you can stop violence is with overwhelming violence."
Bartel says he agrees with the statement.
Becker ends his cross-examination.
A juror asks a question.
Does "resisting aggressively" differ from the act of aggression?
"They're not necessarily the same exact thing," Bartel says.
2:45 p.m.
Afternoon break. Court will resume in 15 minutes.
1:16 p.m.
Lon Bartel, a director of training and curriculum for VirTra, a simulation and training company that provides products and services to military and law enforcement, takes the stand.
Defense attorney Mikayla Hamilton moves for the witness to be considered an expert in exercise and sports science and exertion and exhaustion factors.
Kent County Prosecutor Chris Becker objects.
Becker asks if Bartel has published any research or books in the area of expertise at hand.
Bartel says he has published studies, but not books.
Judge Christina Mims says she will accept Bartel as an expert witness.
Hamilton asks Bartel for his opinion on the video evidence from the shooting.
Bartel describes the struggle between Schurr and Lyoya as "a prolonged, very intense fight where [Schurr] attempted to control a very resistant suspect."
Continuing, Bartel says Lyoya appeared "unphased by the vast majority" of the "force options" used by Schurr.
Bartel adds, in his opinion, Schurr's ability to fight "decreased rapidly" as he grew tired during the struggle.
Hamilton plays video evidence from the shooting.
Bartel says Schurr's equipment, including his bulletproof vest, played a part in the officer's level of exhaustion.
Bartel says Schurr's knee strikes were "high-intensity" with a "high-energy demand."
Regarding Schurr's body position after tackling Lyoya to the ground, Bartel says "the concept of just because I'm on top I have control is not always the case."
Regarding the moment before the Schurr fired the fatal shot, Bartel says the officer was in a "bad position."
"Because he could get swept or get dumped," said Bartel, who referred to Schurr as "Chris" during testimony.
Lyoya, though, had a "good, stable base," Bartel said.
Regarding the state of mind of a fatigued person, Bartel says, "You realize you're losing the fight, and the options you have, many of them are no longer viable."
Hamilton asks if an reasonable officer in a situation similar to Schurr's would have fired his gun.
"Yes," Bartel says.
1:00 p.m.
A witness called by the defense, Bob McFarland, returns to the stand.
McFarland testified for around an hour on Wednesday, but Kent County Prosecutor Chris Becker objected to his testimony, saying his frame-by-frame commentary on video evidence of the shooting was "too time-consuming." Judge Mims agreed and told him to return at a later time with more well-prepared exhibits.
On Thursday, McFarland completed his commentary on the struggle between Schurr and Lyoya that culminated in the shooting.
"It's in Mr. Lyoya's right hand," McFarland said about Schurr's taser, commenting on the moment before the officer fired the fatal shot.
From the moment Schurr first made physical contact with Lyoya to the point of the shooting, McFarland says 2 minutes and 28 seconds passed.
11:53 a.m.
Lunch break. Court will resume at 1:00 p.m.
11:24 a.m.
An officer with the Grand Rapids Police Department, Jason Gady, takes the stand.
Gady says he has been with the department since 2000.
Judge Mims allows Gady to be considered an expert in firearm use and training.
Defense attorney Mark Dodge asks if threats can "come quickly at an officer."
Gady says yes.
Dodge asks when GRPD personnel are trained to unholster their firearm.
"When there is a fear for safety," Gady says.
"It doesn't necessarily need to be a deadly force situation just to draw their weapon," Dodge asks.
"Correct," Gady says.
"Are officers warned and trained that they may be killed or injured when they don't act soon enough?" Dodge asks.
Gady says yes.
"Are headshots acceptable?" Dodge asks.
Gady says yes, adding that officer's are "absolutely not" trained to fire warning shots, nor are they trained to fire at a suspect's extremities, such as their legs.
"If an officer is in reasonable fear of death, is there anything inappropriate about the way that Officer Schurr drew and fired his pistol?" Dodge asks.
"No," Gady says.
Kent County Prosecutor Chris Becker asks why Gady refused to meet with MSP Det. Sgt. Aaron Tubergen, who is on the prosecution's counsel, about his testimony.
"I guess I didn't know the full context of the meeting," Gady says.
Becker ends his cross examination after asking additional questions.
A juror asks a question about where on a suspect an officer should apply deadly use of force.
"If we need to very immediately and quickly stop a subject's actions, hitting an extremity may not accomplish that," Gady says, adding that accuracy is "important."
10:36 a.m.
Capt. Chad McKersie resumes his testimony.
Regarding the use of tasers, McKersie says a drive stun — a term that refers to when an officer presses their taser up against a person as a form of pain compliance — is sometimes used to "create a third point of contact" when only one of the taser's probes is in contact with a suspect.
In such cases, McKersie says a drive stun allows officers to "close the loop" to achieve neuromuscular incapacitation.
McKersie says a taser should be treated as a dangerous weapon even after both of its cartridges have been deployed.
McKersie says Schurr is trained to be able to use a taser "within arm's length of an individual."
Regarding the evaluation of police use of force scenarios, the captain says they cannot be considered in hindsight."
"What information do they know at that time?" McKersie said, adding that an officer does not have to use the "best tactic at the time" for their actions to be considered reasonable.
McKersie says it was reasonable for Schurr to deploy his taser during the struggle with Lyoya.
"He's already tried lower levels of force that were unsuccessful," he said.
The defense asks if it was reasonable for Schurr to use deadly use of force against Lyoya.
"Yes, I believe, in my opinion, he was in fear that his device was going to be used against him," McKersie said.
Kent County Prosecutor Chris Becker objects to McKersie's testimony, saying the witness cannot presume the officer's state of mind.
Judge Mims accepts Becker's objection and strikes McKersie's testimony from the record.
Defense attorney Mark Dodge then rephrases the question, asking if whether a reasonable GRPD officer, given their training and the circumstances of the struggle, would have used deadly force against Lyoya.
McKersie says yes.
Kent County Prosecutor Chris Becker begins his cross-examination of the witness.
Becker asks about written GRPD policy indicating when deadly force may be used in the event a suspect is kicking an officer or attempting control of an officer's taser.
McKersie calls it a gray area. It's the "totality" of the circumstances, he says.
"We are not trained professionals that can go ten rounds," he adds.
"If I grab your taser and stand there, can you shoot me?" Becker asks.
"Again, contextual," McKersie says. "You have to base it on the whole situation, there's not a black and white answer here."
"The fact that someone takes a taser, doesn't mean you have to shoot him," Becker asks.
"Correct," McKersie says.
Becker then asks if a GRPD officer has ever been tased or shot after a suspect took control of their taser.
McKersie says no.
Becker ends his cross-examination.
A juror asks if GRPD officers are trained in implicit bias, cultural competency and mental health.
McKersie says yes.
Capt. Siver concludes his testimony.
10:20 a.m.
Morning break. Court will resume in 15 minutes.
9:41 a.m.
A captain with the Grand Rapids Police Department, Chad McKersie, takes the stand.
McKersie, who has been with the department since 2000, says he has had duties as a master taser instructor.
Judge Mims allows McKersie to be recognized as an expert in taser training, police use of force, and policy and practice in GRPD.
McKersie says the defense has talked to him several times since the incident, adding that he testified in a preliminary examination in the case.
McKersie says the prosecution never reached out to him to talk about GRPD policy.
McKersie says he heard the testimony of Seth Stoughton and Nicholas G. Bloomfield, two of the prosecution's expert witnesses.
Regarding taser training, McKersie says GRPD officers are annually required to re-certify.
"They are taught that the taser device is a serious weapon and should be treated as such at all times," McKersie said. "This device could cause serious injury or death."
The defense presents the captain with a taser.
McKersie says a pull of the taser's trigger could "reignite" the taser's probes even after they have been fired.
Similar to Capt. David Siver's testimony, McKersie compares the pain of a drive stun to a "blowtorch."
8:39 a.m.
Kent County Prosecutor Chris Becker resumes his cross-examination of Capt. David Siver, a Grand Rapids police officer who, on Wednesday, defended the actions taken by Christopher Schurr in the deadly shooting.
SCHURR TRIAL: Grand Rapids police captain says former officer acted reasonably
Becker asks if Siver completed an expert report on the shooting.
Siver says no, but mentions he filled out a police incident report.
Becker presents a piece of policy from GRPD on weapons classifications, including impact weapons, aerosol subject restraints and electronic control devices.
By definition, Becker says, GRPD policy considers tasers and OC spray (pepper spray) to be the same level of weapon.
Siver agrees, but says GRPD's use of force policy considers them differently.
Becker says Lyoya was bigger and stronger than Schurr, referencing the captain's prior testimony.
If a suspect is bigger and stronger than an officer, Becker says, then it "may not be" the best decision to chase after them.
"Possibly," Siver says.
Becker names the "pressure points" on the human body that GRPD officers are taught to target in use of force situations.
He also names the "takedown strikes and stuns" taught by GRPD, including punches, angle kicks, shin kicks and knee strikes.
"[Schurr] did one of those things," Becker says, referencing the knee strike.
"Correct," Siver says.
Continuing, Becker names additional takedowns, including the rear-centered takedown, which can be used on a larger suspect.
Becker asks the captain to show his baton to the jury.
According to testimony, Schurr was re-certified on GRPD's use of force policy on February 22, 2022, less than two months before the deadly shooting.
"A taser does not do the same thing as a gun," Becker says.
"It does not function as a firearm, no," Siver says.
Becker ends his cross-examination.
When asked by defense attorney Mikayla Hamilton, Siver says he is not being paid as an expert for the defense.
Siver says he trained Schurr on solo foot pursuits.
Hamilton hands the captain a copy of GRPD's "unknown risk traffic stop training."
Siver says Schurr's traffic stop was an unknown risk, rather than high risk.
Siver says "the driver" (Lyoya) presented the most risk to Schurr during the traffic stop, rather than the passenger in the car.
Regarding foot pursuits, the captain says most "end with a tackle."
"Once a person tries to disarm an officer of their taser," Hamilton asks, "Once an officer... is in fear of bodily injury, is he entitled to use deadly force?"
Yes, he says.
A number of questions are asked by the jury, anonymously written down on small strips of paper.
"In you opinion, since we're in Grand Rapids, are the GRPD policies and procedures meant to supersede the generally accepted police policies and procedures?" A juror asks.
Siver says GRPD's policies are certified by CALEA, an accreditation commission for law enforcement agencies.
"Our policies do coincide with generally accepted police practices," Siver says, adding that he evaluates GRPD officers on GRPD policy, rather than generally accepted police practices.
"Is deadly force appropriate in a situation of active resistance or active aggression?" Judge Mims asks.
"It's a fine line between resistance and aggression," the expert witness says. "Grabbing at a taser would be an aggressive act."
Siver ends his testimony.
8:36 a.m.
Court is in session.
7:11 a.m.
On a wet, rainy Thursday morning, former GRPD officer Christopher Schurr arrives at 17th Circuit Court, greeted by a crowd of supporters.
For FOX 17's previous coverage of the trial of Christopher Schurr and the death of Patrick Lyoya, click here.