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.
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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.
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.
Continuing, Becker says Lyoya had no intent to hurt Schurr, nor did he have the ability or opportunity to do so, given that Schurr's taser had already been discharged twice and could only be used through a "dry stun" feature.
"He only wanted to get away," Becker said.
"It's not an issue if the defendant had a right to arrest [Lyoya]," Becker said. "It's did he have a right to shoot him?"
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.
