GRAND RAPIDS, Mich. — A reasonable Grand Rapids police officer in a situation similar to Christopher Schurr's would have fired their gun, a current GRPD captain said during testimony in the former officer's murder trial, a statement that contrasted with previous testimony in the case.
On Wednesday, Capt. David Siver defended the actions taken by Schurr in the deadly shooting of Patrick Lyoya, testifying as an expert in GRPD training and policy.
Schurr is charged with second-degree murder for fatally shooting Lyoya in the back of the head as the two struggled over Schurr's taser during a traffic stop in April 2022.
Shooting death of Patrick Lyoya
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A witness called by the defense, Capt. Siver said the then-officer followed department policy at the time when he chased Lyoya after the latter resisted arrest and attempted to run away from the traffic stop.
"We train people to chase and affect an arrest," Capt. Siver said.
To let a suspect run away would pose "a risk to the community," he added.
In contrast, prior testimony from one of the prosecution's experts on police use of force said Schurr put himself at risk when he ran after Lyoya, disregarding a passenger in the nearby car.
The then-officer "created some tactical concerns," said Seth Stoughton, a law professor.
READ MORE: A reasonable officer would not have fired gun, expert witness says
Prior testimony from another expert on police use of force also claimed Lyoya did not attempt to harm the officer "at any time" during the traffic stop.
"You can see that Mr. Lyoya's posture is always trying to create distance from the officer," said Nicholas G. Bloomfield, a former police officer.
The captain disagreed with these statements, saying Lyoya displayed "active aggression" and committed felonies during the incident, including resisting arrest and assaulting an officer.
Regarding the struggle over Schurr's taser, Capt. Siver said that, moments before Schurr fired the fatal shot, Lyoya had control over the weapon with a "dominant grip"
In situations where a suspect is attempting to disarm an officer, Capt. Siver said GRPD policy tells its officers to "fight to retain that weapon at all costs."
"We don't expect perfection," he said about how a GRPD officer is required to act in a use of force situation. "It's just got to be reasonable."
"[Police officers] don't have the luxury of having all the time in the world to make a decision," he added. "They've got to make split-second decisions."
Given the captain's expertise on policy and training specific to the Grand Rapids Police Department, the defense asked if a reasonable GRPD officer in a situation similar to Schurr's would have fired their gun.
“A reasonable officer could perform the same way in that situation,” Capt. Siver said.
Notably, Siver's answer contrasted with testimony from both Bloomfield and Stoughton.
Speaking to generally accepted police practices, rather than GRPD policy, the expert witnesses on police use of force said a similarly situated, reasonable officer would not have discharged their firearm.
They claimed Schurr could not have reasonably been in fear for his own life as, according to testimony, both of the cartridges on his taser had been discharged.
"In order to justify deadly use of force, there has to be an imminent threat of death or great bodily harm," Stoughton said. "In my opinion, that was lacking in this case."
During his cross-examination of Capt. Siver, Kent County Prosecutor Chris Becker returned to a previous comment made by the captain: "We train people to chase and affect an arrest."
Becker asked if any written GRPD policy regarding foot pursuits instructs officers to act in such a manner.
Capt. Siver said no.
"You don't train them to be greyhounds chasing after rabbits, correct? Becker said. "It's got to be dependent on the circumstances."
The captain agreed.
Becker will continue his cross-examination of Capt. Siver on Thursday.