GRAND RAPIDS, Mich. — Testimony from witnesses called by the defense is set to continue 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):
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.
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.