Deliberations continue in second-degree murder trial against former Grand Rapids cop
Grand Rapids — A Kent County jury has resumed deliberating a second-degree murder charge against a former Grand Rapids police officer accused of fatally shooting a Black motorist in 2022.
Christopher Schurr faces up to life in prison for the shooting death of Patrick Lyoya after a traffic stop in April of 2022. After the stop, Lyoya ran away from Schurr and the two wrestled over Schurr's Taser before Schurr fatally shot Lyoya in the back of the head.
Prosecutors have maintained that Schurr made technical errors in his encounter with Lyoya, a Congolese immigrant, and that the shooting was unjustified. Schurr lost his job with Grand Rapids police after the shooting.
“You can’t take a life without a darned-good reason,” said Kent County Prosecutor Chris Becker during his closing arguments on Monday. “And that’s not enough. Pain is not a reason to use deadly force. … How does a reasonable officer in this situation say: I’m gonna die?”
Schurr, meanwhile, testified late last week that he feared for his life during his encounter with Lyoya as the two wrestled for his Taser. Afraid Lyoya would use the Taser on him and "running on fames" after their struggle, Schurr shot Lyoya in the back of the head.
“I believed that if I hadn’t of done it at that time … then I wasn’t gonna go home,” Schurr said, wiping away tears as he testified on Friday.
During instructions after closing arguments on Monday, Kent County Circuit Court Judge Christina Mims told jurors they could consider the second-degree murder charge, but also voluntary manslaughter.
In Michigan, second-degree murder differs from voluntary manslaughter primarily in the element of malice, the intent to kill or cause great bodily harm. Second-degree murder requires malice or reckless disregard for human life, while voluntary manslaughter involves an intentional killing, but the killing occurs in a state of emotional excitement caused by serious provocation.
Voluntary manslaughter carries a penalty of up to 15 years in prison, a $7,500 fine or both. Second-degree murder is a potential life sentence.
“As jurors, you must decide what the facts of this case are, to apply the law as I give it to you and to decide the case,” Mims said. “You must decide what was in the defendant’s mind at the time of the killing.”
Schurr's trial has attracted supporters both for and against the former police officer. When testimony began last week, a large crowd in support of Schurr gathered outside the circuit court in Grand Rapids, waving flags in support of police officers and carrying signs.
Others gathered to ensure justice was done for Lyoya and his family.
"When good people do nothing, that is what allows injustice to continue," said Dighton Hekman, 25, of Grand Rapids, who was outside the court last week and wants to see just justice for Lyoya. "...Even though I'm not on the jury, I'm someone who can be out here making their voice heard," he said.
Schurr's Taser
Schurr's Taser has been a key component of the trial. Tasers cause what is called neuromuscular incapacitation, or NMI, which temporarily incapacitates a person by disrupting the communication between the brain and muscles.
Prosecutors have argued the Taser had already been deployed and therefore did not pose a threat to Schurr.
But even after a Taser is deployed twice, it can still be used for what's called a "drive stun" maneuver. That means a localized shock can be delivered directly if it is driven with sustained pressure into the skin.
Seth Stoughton, a law professor at the University of South Carolina, testified about use of force, a subject he has written about extensively. Reviewing footage of the April 2022 incident, Stoughton found that Schurr made some reasonable decisions during the incident, but erred once after he chose to engage in a foot pursuit after Lyoya, especially given that a passenger was still in Lyoya's car.
He testified that there didn't appear to be an imminent threat when Schurr shot Lyoya.
“In policing, the goal is not just to catch whoever runs away, it’s to do so safely," testified Stoughton. "You don’t know what that person is doing in the car, what they’re doing with the evidence in the car. You also expose yourself to some unnecessary risk. You have that individual at your back. You’re giving them the opportunity to attack you from behind. … If there are more than one individual, generally accepted practice is to stay with the vehicle. You’re likely going to be able to identify them later with the individuals left behind,” he said.
Something it's not
But Schurr's defense attorneys have maintained he acted in self-defense.
Schurr testified in detail about the incident and how exhausted he was as Lyoya and Schurr wrestled for his Taser.
“The prosecution will make this sound like something it’s not. … The evidence will show this is not murder. This was self-defense,” said Mikayla Hamilton, one of Schurr’s attorneys, during opening statements. "He didn’t choose to end a life. He chose to save his own. He followed his training. He followed the law, and he did everything he had to do to survive.”
This article originally appeared on The Detroit News: Deliberations continue in second-degree murder trial against former Grand Rapids cop