GRAND RAPIDS, Mich. — Testimony is set to continue Wednesday 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.
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1:41 p.m.
Afternoon break. Court will resume in five minutes.
1:35 p.m.
A 27-year officer with GRPD, Nicholas Calati, takes the stand.
Calati says he was on-duty on the day of the shooting and responded to the incident.
Calati says Schurr looked "worn out, tired" after the shooting.
1:30 p.m.
A four-year officer with GRPD, Sam Mott, takes the stand.
Mott says he was on-duty on the day of the shooting and responded to the incident.
Mott says Schurr had "excellent cardio," but looked "exhausted" after the shooting.
12:59 p.m.
A retired officer for the Grand Rapids Police Department (GRPD), Timothy Johnston, takes the stand.
On the day of the shooting, Johnston was on patrol in southeast Grand Rapids, where the incident took place.
At the time of the incident, "three or four" other officers and himself were on duty in that area, Johnston says.
Through his radio, Johnston says he heard Schurr announce that he had made a traffic stop.
When Johnston heard Schurr say, "I've got one running," he says he responded "Code One," meaning he turned on his patrol car's lights and sirens disregarded the speed limit in order to provide backup.
Johnston says he arrived on scene "somewhere between three or two minutes" after Schurr initially called in the traffic stop.
At that point, Schurr — who showed signs of "complete exhaustion" — had already fatally shot Lyoya, the witness says.
"He had reached his physical limit," Johnson said. "It reminded me of the end of an Olympic sprint race."
The defense plays Johnston's body camera video from when the then-officer arrived on the scene of the shooting.
The video shows Johnston with his firearm drawn, arresting the passenger of the car Lyoya was driving and clearing the car of any potential threats.
Johnston says he then approached Lyoya.
"We have a fear of this person playing possum, so to speak," Johnston said about Lyoya.
Johnston says he found Schurr's taser pinned beneath Lyoya's body.
Kent County Prosecutor Chris Becker begins his cross-examination by asking if "every traffic stop is an unknown risk."
Johnston says yes.
Becker asks about guns.
Johnston says it is "not uncommon" to find a gun in a car in Grand Rapids.
12:48 p.m.
The defense objects says to a prior ruling from Judge Mims, which said it could not presume Patrick Lyoya's state of mind during the traffic stop and the struggle over Schurr's taser.
Judge Mims denies the motion, saying Lyoya's mental state would be "impossible to know."
11:34 a.m.
Lunch break. Court will resume at 12:45 p.m.
10:28 a.m.
The defense calls its first witness to the stand, Bob McFarland, an expert in forensic video analysis.
McFarland says he synchronized video evidence from the shooting, adding a transcript as well.
Defense attorney Matt Borgula plays McFarland's cut of the evidence, which includes dash camera, body camera and cell phone video.
As McFarland's transcript appears on the side of the screen, a tab counts the number of commands given by Schurr over the course of the traffic stop.
In total, Schurr gives 31 commands, the counter says.
This includes nine directives to "stop," five to "drop" or "let go of the taser," and four to "stay" or "get in the car."
Borgula plays another video from the shooting, edited by McFarland.
A yellow box and a magnification effect shows Lyoya's apparent grasp on Schurr's taser at the moment before the officer fired his gun.
Another one of McFarland's edits highlights the probes from Schurr's taser being pulled across the ground as the officer and Lyoya struggle nearby.
Frame by frame, McFarland continues to break down video of the shooting, zooming in on certain portions to comment on Schurr's or Lyoya's positions.
Becker objects to McFarland's testimony, saying the witnesses testimony is too time-consuming.
Judge Mims agrees, saying McFarland is "creating the exhibits on the fly."
10:13 a.m.
The defense moves for a mistrial.
Defense attorney Mikayla Hamilton says the "accuracy and fairness" of the second-degree murder case has been "threatened" by expert witnesses — Stoughton and Bloomfield — whose standards are "not applicable within Michigan law."
"We are too far along with the jury to simply strike the testimony," Hamilton adds.
Hamilton also asks for a directed verdict of acquittal, a term referring to when a trial judge issues a ruling on a case after determining the evidence presented by the prosecution is insufficient to support their argument.
Judge Christina Mims says she will not declare a mistrial, nor will she issue a directed verdict of acquittal.
"They clearly were testifying on generally accepted police practices," Judge Mims says about the expert testimony.
Regarding the prosecution's argument, Mims says, "I believe that a rational trier of fact could find that the killing was not justified."
9:56 a.m.
The prosecution rests its case.
Shooting death of Patrick Lyoya
SCHURR TRIAL: Prosecution rests case in second-degree murder trial
9:05 a.m.
Nicholas G. Bloomfield, a former police officer from New Mexico, takes the stand to resume his testimony as an expert in police use of force.
Bloomfield has investigated hundreds of cases in police use of force, per his testimony on Tuesday.
Continuing his commentary on Schurr's taser use, the former officer says Schurr made a reasonable decision to deploy his taser but displayed poor tactics in his use of the device, discharging it at close range.
Becker plays video evidence from the shooting.
Bloomfield twice identifies the sound of Schurr's taser cartridges being discharged.
Becker asks if a "reasonable officer" in a situation similar to Schurr's would have fired his gun.
"That would be unreasonable and excessive and contrary to generally accepted police practices," Bloomfield said about the then-officer's action.
As part of his answer, Bloomfield also says the "greatest likelihood of [neuromuscular incapacitation] being achieved" had already passed as Schurr's taser was twice discharged.
During cross-examination from the defense, Bloomfield says Seth Stoughton, an expert witness on police use of force who testified on Tuesday, is a "colleague."
Bloomfield says Lyoya's posture is "always trying to create distance from [Schurr]."
Regarding the struggle over the taser, defense attorney Matthew Borgula asks if Lyoya's grabbing of the device could be considered an act of aggression.
"It could be," Bloomfield says. "It could also be an act of defense."
Bloomfield says he also is not aware of any situations where an officer was incapacitated by his own taser and then fatally shot with his own firearm.
Borgula asks if Bloomfield took into account whether Schurr knew the taser had been twice discharged.
"An officer in these circumstances would have known," Bloomfield says.
Bloomfield says officers can experience "auditory exclusion" and tunnel vision while in deadly use of force situations, but says it is not "plausible" that Schurr experienced these phenomenons as the then-officer was not at risk of great bodily harm or death.
Regarding proportional use of force, a term referring to how an officer's actions should correspond to the threat posed against them, Bloomfield says Lyoya resisted Schurr but did not attack him.
"Not at any time in any of the evidence that we reviewed did we see Patrick Lyoya attempt to harm the officer in this instance," Bloomfield said.
Again, the expert witness says Lyoya's grabbing of the taser was not termed in his investigation to be a form of "aggressiveness," and that the taser, twice-discharged, did not pose a threat of neuromuscular incapacitation.
9:03 a.m.
Court is in session
7:45 a.m.
Christopher Schurr arrives at the courthouse, again greeted by a crowd of supporters.
6:30 a.m.
17th Circuit Court opens.
For FOX 17's previous coverage of the trial of Christopher Schurr and the death of Patrick Lyoya, click here.