GRAND RAPIDS, Mich. — A jury is seated and opening statements are set to begin 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 inexcusable.
Less than a week after Lyoya's death, protesters called for racial justice in a series of large demonstrations throughout the city. 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, April 28):
3:53 p.m.
Court is in recess. Testimony will resume at 8:30 a.m. on Tuesday.
3:23 p.m.
A forensic pathologist, Stephen Cohle, the chief medical examiner for Kent County, takes the stand.
Cohle performed the autopsy on Lyoya's body.
Cohle says the gun used to shoot Lyoya was "probably" pressed against the back of his head as he found no gunpowder around the gunshot wound.
Cohle says no other injuries contributed to Lyoya's death, and adds that, at the time of the shooting, Lyoya had a blood-alcohol content of 0.29, more than three times the legal limit in Michigan.
Cohle says Lyoya died of homicide.
"Just because I call a death a homicide, doesn't mean somebody's going to be prosecuted," Cohle said.
During cross-examination from the defense, Cohle says he found no evidence Lyoya being hit with the pronged darts fired from a taser.
He did, though, find evidence fatty liver disease, consistent in people who drink alcohol in excess.
2:45 p.m.
Michigan State Police Det. Sgt. Aaron Tubergen takes the stand.
Det. Sgt. Tubergen was the lead investigator in the officer-involved shooting.
Det. Sgt. Tubergen said he and his team "made efforts" to obtain video footage of the shooting, including the cell phone video and another from a Ring doorbell.
Becker plays the footage from the Ring doorbell for the jury.
Det. Sgt. Tubergen identifies a piece of evidence as the taser discharged by Schurr during the shooting. He says he canceled a request to retrieve fingerprints from the taser, given that body camera clearly showed Lyoya touching it.
Another piece of evidence, a video played at Schurr's graduation from the GRPD academy, shows Schurr getting tased as part of his training.
The defense cross-examines the witness.
Det. Sgt. Tubergen says Schurr gave several commands to Lyoya and says Lyoya pushed and shoved Schurr, which could be constituted as felonies.
2:15 p.m.
Afternoon break. Court resumes in 15 minutes.
2:00 p.m.
A crime scene technician for the Grand Rapids Police Department (GRPD) takes the stand. She took pictures of Schurr in the aftermath of the shooting.
1:15 p.m.
An expert in audio and visual analysis, Michigan State Police Det. Sgt. Zachary Batchelor takes the stand.
During the Michigan State Police (MSP) investigation into the officer-involved shooting, Batchelor synchronized the dash camera, body camera and cell phone videos from the incident.
Kent County Prosecutor Chris Becker plays these videos for the jury, asking Batchelor how he edited them into a single clip.
1:10 p.m.
Another witness to the struggle between Schurr and Lyoya takes the stand.
The witness says he heard Schurr fire his handgun but did not see the shooting itself. He did, however, see Lyoya laying on the ground moments later.
The witness said he was "shocked."
11:57 a.m.
Lunch break. Court will resume at 1:00pm
11:21 a.m.
A witness to the struggle between Schurr and Lyoya takes the stand.
"It was horrific," said Wayne Butler, a resident of Grand Rapids who was getting ready for work when he saw the lights from Schurr's patrol car through a window in his house.
As the two struggled in his front yard, Butler says he stepped outside in an attempt to "calm" a situation that had "escalated."
"This tussle is going to end up in someone dying," he said.
As a black man, Butler says he "felt he could reason with" Lyoya and tried to get him to comply with Schurr.
"You got to stay down to live," Butler said, recalling the incident. "In America's history, this is how it ends every time."
Butler says Lyoya did not punch or kick the former officer.
Comparing the struggle to a sporting event, Butler says Schurr "had the lead the whole time."
According to testimony, Butler then went back inside his house to call police. Moments later, heard a "pop" from Schurr's handgun.
"The last six seconds, God spared by eyes," Butler said.
10:49 a.m.
Defense attorney Matt Borgula begins his cross-examination of Aime Tuyishime.
Tuyishime says he spent time with Lyoya on Sunday, the day before the shooting, drinking and listening to music with him at a friend's house.
Tuyishime says he was "buzzed" on Monday morning when he and Lyoya dropped off a friend. While Tuyishime rode in the passenger seat, Lyoya drove.
"We thought he got some rest. We thought he was good to drive," Tuyishime said.
Then, the two stopped to pick up some Budweiser, according to testimony.
A short time later, when Schurr pulled over Lyoya near the intersection of Griggs and Nelson, Tuyishime said Lyoya did not see the lights from Schurr's patrol car but rather stopped to inspect a noise coming from his car.
10:29 a.m.
Morning break. Court will resume in 15 minutes.
10:23 a.m.
The lights in the courtroom are turned off as Becker plays Tuyishime's video of the shooting, recorded on a cell phone.
10:12 a.m.
The prosecution calls its second witness, Aime Tuyishime, the passenger in the car that Lyoya was driving who recorded the cell phone video of the shooting.
Lyoya was "like a brother," he says.
Tuyishime says Lyoya stopped his car because it was making noise.
Tuyishime is emotional as he recounts the struggle between Schurr and Lyoya that led to the latter's death.
9:55 a.m.
The prosecution calls its first witness, a friend of Lyoya's who was with him less than an hour before the shooting, as Lyoya had slept at the witnesses house that night.
During cross-examination from the defense, the witness says he does not remember Lyoya drinking that night, adding that he wishes he never woke Lyoya up that morning.
9:26 a.m.
For the defense, attorney Mikayla Hamilton begins their opening statement by repeating the same words said multiple times by Christopher Schurr before he shot Lyoya: "Let go of the taser."
"This was not murder, this was self defense," Hamilton said. "This is about a man who was doing his job as a police officer, a man who took an oath to protect, defend.”
Continuing, Hamilton recounts the incident from Schurr's perspective, beginning from the point the former officer woke up that morning.
"He had no idea that in a few hours he would end up in a fight for his life," Hamilton said.
Hamilton says an "exhausted and alone" Schurr gave 29 lawful commands to Lyoya, who was "bigger and "stronger" than him.
Like the prosecution, Hamilton shows the jury a taser. She, however, continues to comment on Schurr's mental state, claiming he was "flooded with fear" when Lyoya grabbed his taser during the struggle.
"It causes excruciating pain, incapacitation. It can drop an officer to the ground in seconds," Hamilton said, painting a different picture of the level of danger during the struggle.
"The prosecution will try to downplay this," she adds.
Becker objects to Hamilton's discussion of the taser: "She's arguing."
Judge Mims sustains the objection, telling the defense to "tone it down."
Hamilton concludes her opening statement, telling the jury they must consider whether Schurr "honestly" and "reasonably" believed he was in fear for his life.
"You're here to judge what he did in that split-second moment. Based on what he knew. Based on what he felt," Hamilton said. "Not every tragedy is a crime."
"This was survival. This was self-defense," she said.
9:04 a.m.
Kent County Prosecutor Chris Becker delivers his opening statement, telling the jury "your job is somewhat easy" in reference to video evidence from the shooting.
Becker then recounts the traffic stop, mentioning a number of witnesses to the incident who will be called to testify. He also shows the jury a taser.
"It's designed not to kill, it's designed not to hurt. It doesn't electrocute you. The amount of electricity is something [comparable] to a Christmas tree light," Becker said.
During the struggle between Schurr and Lyoya, Schurr unsuccessfully discharged his taser twice, Becker argues, leaving him with only the 'drive stun' feature remaining at his disposal.
"The drive stun does not cause NMI [neuromuscular incapacitation]," Becker said. The drive stun is a pain compliance device, and it causes pain. But the drive stun itself does not cause any sort of great bodily harm."
Body camera video from the incident also shows Lyoya reaching for and grabbing the Scurr's taser as Schurr commands him to "let go of the taser."
Becker says Lyoya had no intent to hurt Schurr — nor did he have the ability or opportunity to do so — given that the taser could only be used through the "drive stun" feature.
"He only wanted to get away," Becker said.
Concluding his argument, Becker says, "There was a crime here. The defendant committed crime of murder. A police officer can't commit murder. They're no different than anybody else."
8:47 a.m.
Judge Christina Mims instructs the jury, clarifying to them that opening and closing statements from the prosecution and defense are not evidence. The jury must make their ruling based on the evidence presented in the courtroom.
8:45 a.m.
Court is in session.
6:30 a.m.
A crowd of supporters of Christopher Schurr — carrying thin blue line flags and holding 'Stand with Schurr' signs — had already gathered outside 17th Circuit Court in downtown Grand Rapids when it opened at 6:30 a.m. on Monday.
"We stand here today to defend life, not to take it," said State Representative James DeSana (R-Carleton. "We stand here today with Officer Christopher Schurr."
WATCH: Christopher Schurr arrives at court for first day of murder trial
Court proceedings are scheduled to begin at 8:30 a.m.
Shooting death of Patrick Lyoya
Jury seated after two days of questioning from prosecution, defense
For FOX 17's previous coverage of the trial of Christopher Schurr and the death of Patrick Lyoya, click here.
