GRAND RAPIDS, Mich. — Testimony from witnesses called by the defense is set to continue Monday 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 (Monday, May 5):
12:01 p.m.
Kent County Prosecutor Chris Becker begins his rebuttal of the defense's closing argument.
Becker brings up the defense's witnesses, including Lewis Kliem, who works for Force Science, a company that trains police officers and attorneys how to evaluate use of force cases.
"Force Science is an advocacy group for police officers," Becker says.
"You want to talk about bias and prejudice in the experts," Becker adds. "Take a look at [the defense's]."
Becker then comments on why the prosecution did not call to the stand any current or former officers from GRPD.
"There's a conflict of interest," Becker says. "You can't ask somebody in-house to be completely unbiased."
Regarding the lesser included offense of manslaughter, Becker says Borgula did not correctly state the charge.
11:08 a.m.
Defense attorney Matthew Borgula begins his closing argument.
"The prosecutor is trying to make this case something it's not," Borgula says.
"You are not here to judge the GRPD policy. You are not here to judge whether it was reasonable for [Schurr] to chase Patrick Lyoya," he adds.
Borgula says Becker "failed miserably" to prove guilt beyond a reasonable doubt.
"No one is suggesting that someone should be executed because they were drinking and driving," Borgula says. "The issue is whether or not [Schurr] was in fear."
Borgula says Schurr had a "valid reason" to initiate the traffic stop.
Continuing to describe the events of the traffic stop, Borgula says Schurr asked lawful questions to Lyoya, including whether he had a driver's license.
"What follows is a series of decisions by both of them," Borgula says.
Regarding the moment Lyoya began to walk away from the traffic stop, leading to a foot chase between him and the then-officer, Borgula says Schurr's "job is to arrest."
"He doing exactly what we expect him to do," Borgula says.
Regarding the struggle between the two, Borgula says "intermediate force didn't work," leading to the deployment of Schurr's taser.
"Mr. Lyoya grabs [the taser] and moves it to the side," Borgula says. "He grabbed it and he never let go."
"The fight is on," Borgula then says. "Officer Schurr has a right to the taser and Mr. Lyoya does not."
Continuing, Borgula describes the moment Lyoya had "exclusive control" over the taser.
"This is the decision you have to judge," Borgula says.
Borgula says the decision was one Schurr "never wanted to make that morning."
"Christopher Schurr was at work and he was faced with the toughest decision of his life," Borgula said. "That's what you're judging, whether it was reasonable in that split-second for an officer to be in fear of that taser."
Borgula turns to discussion of the prosecution's expert witnesses.
"The prosecution's experts disagree with each other," Borgula says, referencing the testimonies of Bryan Chiles and Seth Stoughton, an expert witness on tasers and an expert witness on use of force, respectively.
"That's reasonable doubt," Borgula says.
"The issue is reasonable fear," Borgula adds. "[Schurr's] entire life is on the line. We put on substantial evidence that the prosecutor cannot show his fear is unreasonable."
Borgula then comments on the defense's witnesses, which included a pair of GRPD captains who, according to GRPD policy, said Schurr acted reasonably.
"[The prosecution] didn't call a single GRPD officer. Do you know why?" Borgula says.
Borgula says the "totality of all the circumstances" point to Schurr's decision to use deadly force, including Lyoya's possession of the taser, Schurr's "bad" tactical position and the former officer's level of exhaustion.
"I guarantee Christopher Schurr wishes, in hindsight, he let him go," Borgula adds. "He did everything he could to avoid using deadly force."
Again, Borgula says the "relevant consideration" is whether a "reasonable officer" could have believed they were in fear at the moment they made the decision to use deadly force.
"It's the decision," Borgula says. "Please, just look at the decision."
"You have to be sure that he wasn't in fear of great bodily harm or death before you convict him of murder." Borgula adds. "You heard from Officer Schurr. Judge him on his testimony."
Regarding the lesser included charge of manslaughter, Borgula says the charge is evidence that the prosecution's case is "weak."
"That's not this case," Borgula says. "You absolutely cannot convict him of manslaughter if you convict him of murder."
Concluding his argument, Borgula says the jury must acquit if they "have any sliver of a reasonable doubt."
"We just ask that you judge him on the decision and not all this noise around it," Borgula says.
"This man did not commit a crime. No one is saying Patrick Lyoya deserved to die. This is not what it's about," Borgula adds. "You must acquit him of both charges."
10:37 a.m.
Kent County Prosecutor Chris Becker begins his closing argument.
"Second-degree murder. That's what this case is about," Becker says. "Murder. Somebody died."
"I hope you're not calloused," Becker continues. "It wasn't TV. It's not movies. This was a real man, a real human being."
Becker says Lyoya was "not a saint," but did not deserve to die.
Conversely, Becker says Schurr has a "wonderful family" and grew up in Grand Rapids, but claims these "great" details are irrelevant.
This case is about the facts, Becker says.
Becker defines the elements of second-degree murder, which include a death caused by the defendant, the defendant's intent to kill, and a lack of justification on behalf of the defendant.
"Why are we here?" Becker says. "Was the killing justified?"
Becker discusses the level of exhaustion felt by Schurr during the struggle with Lyoya.
"He bit off more than he could chew," Becker says.
Then, Becker turns to discussion of Schurr's taser.
Becker says Schurr's decision to deploy the taser, according to the prosecution's expert witnesses, was not a "good idea."
"In these certain, critical areas there are certain, critical mistakes that occurred," Becker says. "A reasonable officer wouldn't have made those decisions."
Becker also reference's Schurr's written statement which the former officer provided to Michigan State Police shortly after the shooting as part of the agency's investigation into the incident.
"Patrick's trying to get away," Becker says. "You don't get to shoot somebody because they're trying to get away."
"How does a reasonable officer in this situation think [they're] going to die?" Becker adds.
Becker then plays video evidence from the shooting, including the moment the second cartridge on Schurr's taser was deployed.
"[Schurr] heard everything," said Becker, claiming the former officer was aware the taser had twice been deployed, contrary to Schurr's testimony. "Suddenly this one thing he missed?"
"Pain is not a reason to use deadly force," Becker then says, referencing the threat posed by a drive stun from the taser. "The pain of a thousand burning suns does not justify it."
"It's a shot in the back of the head for a guy who was trying to do nothing more than get away. There is no threat there," Becker says.
Concluding his argument, Becker says, "If it's not reasonable, then it's not lawful self-defense."
"The defendant's guilty," Becker says.
"This was a traffic stop," Becker adds. "What, out of all this, did [Schurr] think he was going to die?"
10:26 a.m.
Prior to the jury's return to the courtroom, Judge Mims says, as part of her jury instructions, she will not exclude voluntary manslaughter as a lesser included offense in the case.
Judge Mims also says her instructions on the standard of self-defense and use of force will be applicable to a police officer, rather than an ordinary citizen.
Finally, Judge Mims says she will read the standard instruction on expert witnesses as written, rejecting a motion made by the defense to add additional language.
9:35 a.m.
Morning break. Court will resume in 15 minutes.
9:29 a.m.
Judge Christina Mims dismisses the jury so the prosecution and defense can discuss jury instructions.
9:23 a.m.
The prosecution calls to the witness stand Michigan State Police Det. Sgt. Aaron Tubergen, who previously testified in the trial.
Tubergen answers questions regarding Schurr's written statement to MSP, provided to the agency as part of its investigation into the shooting.
9:22 a.m.
The defense rests its case.
9:09 a.m.
Kent County Prosecutor Chris Becker resumes his cross-examination of Lewis Kliem, a witness called by the defense who is expert in police practices, tactics, policy and use of force.
Becker asks if a number of witnesses previously called by the defense, Lon Bartel and Dr. Mark Kroll, are part of Kliem's "network."
Kliem says yes.
Becker asks about CALEA, the Commission on Accreditation for Law Enforcement Agencies.
GRPD's policies are certified by CALEA.
Becker asks if GRPD's policies on foot chases are based on the "totality of the circumstances."
Kliem says yes.
Becker ends his cross-examination.
Defense attorney Mikayla Hamilton asks follow-up questions.
Kliem says he has never met with Christopher Schurr in preparation for the second-degree murder case.
A juror asks about Lyoya's control of the taser: If, at the time of the shooting, Lyoya did not have "full control" of the taser, as Schurr previously testified, would the former officer's actions no longer be reasonable?
"We don't look at actual threat. We look at apparent threat," Kliem says.
9:07 a.m.
Court is in session
7:08 a.m.
Christopher Schurr arrives at 17th Circuit Court in Grand Rapids for his second-degree murder trial, now in its second week.
For FOX 17's previous coverage of the trial of Christopher Schurr and the death of Patrick Lyoya, click here.