Prosecutors, defense lay out opening statements in case against former Grand Rapids cop
Grand Rapids — Opening statements for the former Grand Rapids police officer who killed Patrick Lyoya by shooting him in the back of the head in April 2022 began Monday with large group of supporters gathered in front of the court for Christopher Schurr.
Lyoya, a 26-year-old Congolese immigrant who sought refuge with his family in the U.S. to flee violence in his home country, was fatally shot by ex-officer Schurr, who is White, after a traffic stop.
During his opening statement in Kent County Circuit Court, Kent County Prosecutor Chris Becker said Schurr's use of deadly force against Lyoya was not immediately necessary, especially because Schurr's gun was pressed to the back of Lyoya's head. But defense attorneys for Schurr, now 34, said Schurr feared for his life when he shot and killed Lyoya, meaning the shooting was justified.
As proceedings got underway Monday morning, 17th Circuit Court Judge Christina Mims instructed jurors that in order to find Schurr guilty of the second-degree murder charge he faces, they must agree that Schurr had a reckless disregard for human life, or that he had the intent to cause serious bodily harm resulting in death.
“The prosecution must prove that (Schurr) intended great harm or knowingly had a very high risk of death or great bodily harm, knowing that that was not justified,” Mims said.
If convicted, Schurr faces life in prison.
Before proceedings began Monday, a large group of supporters gathered in front of the court to show their support for Schurr. Some waved flags in support of police officers. A large group of Lyoya's family also attended Monday's proceedings.
During the 2022 traffic stop, Schurr asked Lyoya for his license and asked if he spoke English. Lyoya answered he did speak English and questioned why Schurr needed his license. Schurr told Lyoya his car wasn't registered. Lyoya later got out of his car and ran away as Schurr chased him. The two wrestled and struggled over Schurr's Taser before Schurr shot Lyoya in the back of the head as he was face down on the ground.
The shooting has caught national attention, highlighting a history of tense relations between the city of Grand Rapids, its police department and the city’s Black residents.
The city of Grand Rapids fired Schurr in June 2022, and the officer didn't fight the action.
Opening statements
Schurr’s Taser is likely to play a significant role in the trial. The device causes neuromuscular incapacitation, which temporarily incapacitates a person by disrupting the communication between the brain and muscles.
Prosecutors have argued the Taser already had been deployed and therefore did not pose a threat to Schurr.
“You’re gonna hear a lot about this Taser,” Becker said during his opening remarks.
He said during the struggle between Schurr and Lyoya, Schurr’s Taser was deployed twice.
“So the prongs that caused the neuromuscular investigations were gone, and you can't necessarily put those back in,” Becker said.
Attorneys for Schurr argued that Lyoya grabbed at Schurr’s Taser during the struggle, and Schurr had a legitimate fear the Taser could be used against him and that he issued 29 lawful commands to Lyoya before the shooting occurred.
“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. 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.”
Testimony begins
Aime Tuyishme, who was the passenger in Lyoya’s car and recorded the shooting on his cellphone, said the vehicle was “making too much noise,” which prompted Lyoya to pull the car over to investigate.
“I was on the phone. He stopped the car. The next thing I know, he was having words with an officer,” Tuyishme said.
Tuyishme said he couldn’t hear the conversation, but began recording on his cellphone when he saw “something going on.”
Tuyishme described a scuffle that quickly escalated.
“They were just wrestling. … It started looking bad, so I said, ‘Okay, I’ll take out the phone and record.’ It was happening fast. I saw the officer tackle Patrick while I was recording. (Schurr) told me to stay back.”
On cross-examination, defense attorney Matt Borgula asked Tuyishme about the events that preceded the shooting — specifically that Lyoya and Tuyishme were drinking throughout the previous day and that Tuyishme never went to sleep.
Tuyishme said he was drunk, but “not too drunk.”
“Is that like being a little bit pregnant?” Borgula said.
Borgula asked Tuyishme if he or Lyoya were aware of Schurr’s police cruiser behind them when Lyoya pulled over, which Tuyishme denied.
“So you’re saying the moment Patrick Lyoya got out of the car, it just happened to be the moment a police officer came?” Borgula asked.
“Yes,” Tuyishme said.
Borgula also pointed out that there were open beer containers in the vehicle and asked if the alcohol and lack of sleep could have impaired Tuyishme’s ability to recall events clearly.
“Do you think you were drunk?”
“I was not too drunk,” Tuyishme said. “I saw they were aggressive with each other and I thought, ‘Okay something is going on.’”
Wayne Butler testified he was getting out of a morning shower when he noticed police lights flashing on his street. He said he was instantly concerned when he saw Lyoya, the driver, outside of the car.
“I think, ‘Man you’re not supposed to get out of your car,’ but then I saw something black fall off and I thought it might be a gun and I thought this tussle is gonna end up with someone dying,” he said.
Butler described the incident repeatedly as “a tussle” and not what he would describe as an actual fight with punches or kicks.
“He wasn’t complying, but he wasn’t fighting the officer off. It wasn’t that kind of thing,” Butler said. “When they were in my front yard, I remember telling Patrick to just stay down. I was saying it might not be your day, man, but you got to stay down to live.”
Butler said he heard the Taser deploy, and that it appeared that Schurr and Lyoya “were both surprised that it didn’t stop the situation.”
“Patrick was trying to keep the Taser away from him(self),” Butler said. “That was when I ran into my house to get my phone like the other guy did. Maybe there was more I could have done. Maybe if there were someone there to oversee the situation, it might have not …”
Butler said the shooting occurred as he was heading back down the stairs to start recording.
“I got to the third step and I heard the pop and (Schurr) took a step back and said officer-involved shooting” into his police radio, Butler said.
When Becker asked why Butler attempted to get Lyoya to comply, Butler said he was trying to de-escalate the situation.
“In America’s history, this is how it ends every time,” Butler said. “I didn’t know I could reason with the officer.”
Butler, an avid sports fan, said Schurr “had control the whole time” and described the situation in sports terminology.
“It might be close, but one team has the lead the entire game. The officer had the lead,” he said.
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This article originally appeared on The Detroit News: Prosecutors, defense lay out opening statements in case against former Grand Rapids cop
