Christopher Schurr on trial: ex-Grand Rapids officer on trial for murder of Patrick Lyoya

(FOX 2) - Three years after a police officer killed a man during a traffic stop in Grand Rapids, the case will finally be argued before a jury.

Christopher Schurr is charged with murdering Patrick Lyoya, a 26-year-old Grand Rapids man. Video of the incident from 2022 revealed the final moments of Lyoya's life - and will likely play a major factor in the trial.

Representing Kent County is Prosecutor Chris Becker. In Schurr's defense is attorney Matt Borgulla.

4:53 p.m.: Court adjourns for the day

Jury was instructed to return for continued testimony at 8:30 on Tuesday.

3:25 p.m.: Stephen Cole

The final witness of the day was called just before 3:30 p.m. as the Chief Medical Examiner in Kent County was called to the stand. Cole, who has performed over 600 autopsies, was deemed to be an expert witness.

Cole discussed the bullet that was fired from the gun, which went into Lyoya's head and did not exit. He also discussed Lyoya's blood alcohol content, which regirested at .29 – more than three times the legal driving limit of .08.

"We can confirm that he had a high level of alcohol or particularly ethanol at the time he died," Cole said.

Cole also confirmed that Lyoya's manner of death was a homicide, caused by the gunshot to the back of his head. 

However, despite seeing the taser wires on photos, Cole said there were not any indications that the taser probes were attached to his body.

"I didn't see any taser dart holes in Mr. Lyoya," he said.

2:44 p.m.: Aaron Tubergen

After a brief court recess, MSP Detective Sgt. Aaron Tubergen was called to the stand.

Tubergen was off the day of the shooting and was assigned as the officer in charge when he arrived.

As officer in charge, Tubergen photographed the scene, including the car that Lyoya was driving. The car, a Nissan, had a plate that returned to a 2015 Ford.

Tubergen also testified that he was responsbile for canvassing for doorbell and cell phone videos. 

"I was informed by one of my counterparts at GRP, a detective, that they had obtained, some short video files, from a, doorbell and security camera, system from a residence across the street from where this happened," Tubergen said.

Becker then played the video in court, which showed the interaction between Lyoya and Schurr from the home across the street where Lyoya was ultimately killed.

Tubergen also testified as the prosecutor introduced video from Schurr's police training before finishing questioning.

Borgulla asked if Lyoya disregarded Schurr's commands, resisted arrest, and pushed the officer. Tubergen confirmed it to all be true.

During cross-examination, Borgulla asked if the taser was tested for fingerprints. Tubergen said it was not because it was no longer needed based on bodycam video.

Under Michigan law, it's a felony to possess a taser without a proper license.

Tubergen also said that there were taser probes near his body.

2:02 p.m.: Jessica Beaudry

Crime Technician Jessica Beaudry was called to testify, the second law-enforcement related witness to take the stand.

Beaudry took photos of Schurr after the shooting, which she said is standard procedure.

"Anytime one of our officers is involved in some sort of incident, we like to take photographs to show their overall appearance, what their clothing may look like. Any of their items that may be moved or misplaced," she said.

Becker then put up photos of Schurr from the day of the shooting. Beaudry confirmed she took the photos of Schurr, which included his wrist, which she said looked swollen and red. 

She also said his duty belt did not include his taser or gun, at the time of the photos.

During cross-examination, Beaudry was asked about Schurr's personality on the job, which she said was generally pleasant and happy. 

Defense also tried to discuss ‘round counts’ – the number of rounds in an officer's gun after a shooting. The defense asked if officers don't remember but the prosecution objected to the question. The judge directed the defense to move on to the next question.

It was the final question – which was whether Beaudry examined Schurr without his uniform on. She confirmed this to be true and the defense completed their questions.

1:15 p.m.: MSP Detective Zachary Batchelor

The first law enforcement officer was called to the stand as part of the prosecutor's case.

Zachary Batchelor is a Detective Sergeant with Michigan State Police.

Batchelor is part of the unit that reviews video from officer-involved shootings and has handled over 600 cases. Batchelor was called in to review the case.

Dashcam video was then played – which was released after the shooting. In the video, Schurr approaches Lyoya and tells him to get back in the car. That's where the audio from the officer cuts off.

The next video played was from Schurr's bodycam – which was also released shortly after the shooting. In this video, the entirety of the interaction is heard, as Schurr is telling Lyoya that he's being stopped and that the license plate does not belong on the car.

In this video, Lyoya stands at the side of the car for a few moments before closing th door and starting to walk away.

Schurr then turns him and tells him to put his hands on the car before Lyoya runs.

Schurr tackles him to the ground and holds hind down by his head, ordering him to stop and telling him to put his hands behind his back. This is when Schurr pulls out his taser and says Lyoya is reaching for the taser.

The bodycam footage turned off in the middle of the struggle.

Batchelor testified he was unaware of why or how it got turned off. 

The MSP detective testified he was able to sync up different videos to show footage at the same time. The prosecution played the different videos – dashcam, bodycam, and cell phone video – simultaneously to show the jury the struggle from different angles.

The video did not show the entirety of the incident.

"It was it was provided to me by the investigator as his request," Batchelor said. "There were multiple sections. I was given a section at one point, and then a few months later, I was asked to do more."

During cross-examination, Borgulla asked about the video being composed in slow motion – while also confirming that there was more footage than was shown in court.

Batchelor said this would not have been an appropriate time to use slow motion video.

"Because this is a use of force case and slowing down and changing the perception of what's happening could be detrimental to the court," he said.

1:11 p.m.: Fred Hunter

After lunch break, Fred Hunter was called to testify. He lives in the neighborhood where Lyoya was pulled over and subsequently shot.

He testified he had just gotten home from a third shift when he saw the two men fighting.

"I'm thinking I just kind of like their own issue or whatever. So I don't think it was that big of a deal. So I kind of walked away and whatnot. And then I didn't come back until, I heard, like a gunshot. So I checked the front window. When I checked the front window. That's when I saw the officer kind of standing over Patrick,"

Hunter said he never called 911.

The defense did not cross-examine Hunter and he was dismissed from the stand.

12 p.m.: Lunch break

11:20 a.m.: Wayne Butler

The third and final witness of the morning was Wayne Butler, who said he had just gotten out of the shower as he was starting his day that Monday morning as Lyoya was pulled over.

He saw blinking lights through the window and raced down the stairs to see what was happening.

Butler said Lyoya and Schurr were in what looked like a wrestling match - like WWE, he said. Butler testified that Schurr and Lyoya would fight and then back up and then struggle together again.

According to Butler, he encouraged Lyoya to stop struggling.

Butler stayed a few feet away from the fight while yelling ‘back’ multiple times.

"I'm a Black man, too!" he said in the video.

"In America's history, this is how it ends every time," Butler starts, pointing to the video of the fatal shooting. 

But Becker wouldn't let him continue with that statement.

"I was trying to reason with the person I felt could be reasoned with. I didn't think I could reason with the officer," Butler said.

Butler testified he saw the taser deployed and that he didn't believed it hit anyone.

Under cross-examination from Borgulla, he said it the entire ordeal escalated quickly, which is what prompted him to go outside.

"I didn't just jump out in action, you know, I was kind of observing to see what was going to happen first," he said.

Borgulla clarified where Butler was standing during the struggle and shooting - which he said was close enough to make eye contact with Schurr. 

"At some point, I was speaking to to the gentleman here (Turishme), and I was telling him to get your guy. But I don't I don't know where I was, what I was doing specifically," Butler said.

He testified that both men were exhausted as they struggled over the taser.

Under redirect, Butler said it was not his plan to go outside but he felt he had to.

"It's on your property. When God brings something to you on your front doorstep, it doesn't get any more literal than that. If you're a person of faith," Butler said.

Butler said Schurr had control the whole time over Lyoya.

10:12 a.m.: Aime Turishme

The second witness to testify took the stand just before 10:15 on Monday, Aime Turishme, who was in the car when Lyoya was pulled over and subsequently killed.

Turishme said he had been friends with Lyoya so long that he couldn't even remember how they met.

"He was like a brother," he said.

Turishme admitted that he had been drinking and that Lyoya had been driving after drinking. 

According to Turishme, Lyoya pulled over because the car had been making a loud noise. When Lyoya got out of the car to check on the noise, Turishme was on the phone as he was pulled over by Schurr.

When the two began arguing, Turishme hung up and started recording. His cell phone video was played in and showed the fight and shooting that killed Lyoya. After the shooting, Schurr calls in the shooting and other officers arrived.

During the chaos, Truishme said he didn't remember Schurr talking to him. He testified that it all ‘happened really fast’. 

After a recess, Schurr's attorney, Matt Borgulla, questions him about their history. Turishme called Lyoya the nickname ‘Pimp’ and testified that they had been drinking the night before. Borgulla said Lyoya was ‘passed out’ but Turishme denied that, saying he had just fallen asleep.

9:55 a.m.: David Bukuru

The first witness for the prosecution was a friend of Lyoya, David Bukuru. 

He testified that the was one of the last people to see Lyoya alive and that he was at his home just 30 minutes before he was shot.

Bukuru said Lyoya slept on his couch the night before and had been drinking with Lyoya the night before.

Opening Statements

At 9 a.m., the jury was in place, Schurr was in court, and attorneys began opening remarks as they presented their case.

Prosecutor Chris Becker says Lyoya pulled his car over because it was making a noise and that Schurr pulled him over at the same time. Becker went into detail about the taser that was used, saying it was not intended to cause more than a feeling of "strenuous exercise". 

Becker asserted that the officer had numerous other ways to stop the suspect without lethal force – which is only supposed to be used when an officer has an ‘imminent threat’. The taser, which had been wrestled away from Schurr, did not meet that standard – according to Becker.

"It was unjustified. It was a crime," Becker said.

Becker spoke for roughly 20 minutes before the defense had a chance. Kayla Hamilton opened her remarks by repeating Schurr's demands to Lyoya: "Drop the taser. Let go of the taser."

Hamilton said Schurr did feel an imminent threat, which is why he resorted to lethal force.

When Schurr pulled over Lyoya's car, he said it was riving slowly and had made two abrupt right turns – a sign she says indicate the person was trying to avoid arrest. When Lyoya got out of the car and argued with Schurr, it was seen as an escalation.

"He was forced to make a split-second decision. He didn't choose to take a life, he chose to save his own," she said. 

During the struggle, she said Schurr gave Lyoya 29 commands. 

She then tried to talk about the taser and how it can cause serious damage, but Becker objected, saying she was arguing her case. The judge agreed and she moved on. This happened again a few minutes later as Hamilton said her team would prove that a taser can cause death. Again, Becker objected and again, the judge agreed.

"Self defense is not a crime," Hamilton told the jury. "You will find tha tSchurr is not guilty and must be acquitteed of all charges." 

The backstory:

On April 4, 2022, Lyoya and a friend had been driving around Grand Rapids when an officer pulled up behind them.

Schurr, the only officer in his squad vehicle at the time, called in a traffic stop in the area of Griggs Street and Nelson Avenue. 

Schurr originally pulled Loyoya over for having improper vehicle registration. Lyoya had already been on probation at the time of the stop, which was for owning a license plate that was registered to a different vehicle than the one he was driving.

Lyoya ignored Schurr's orders when he exited his car. He later walks away from the officer, leading Schurr to try and grab him by the arm. Lyoya instead runs. 

The altercation between Schurr and Lyoya eventually led to the officer chasing him, calling for backup, while ordering Lyoya to stop resisting several times. The two continue to wrestle, leading to Schurr to pull out a taser, which Lyoya pushes away. 

The scene ends with Schurr on top of Lyoya, who is chest down on the ground. Schurr at times can be heard telling Lyoya to let go of his taser. Minutes later, Schurr draws his gun, presses it against the back of Lyoya's head, and shoots him.

The entire incident happened over 5 minutes, from 8:11 a.m. to 8:16 a.m.

Dig deeper:

There are several videos of the incident, including one from Lyoya's friend who witnessed the incident. 

Footage from the shooting was released days after it happened, with the Grand Rapids Police Department first placing Schurr on administrative leave. 

The Kent County Prosecutor brought a second-degree murder charge against Schurr on June 9 and he was fired from the department on June 10. 

The preliminary hearing happened on Oct. 27 before a judge saw enough evidence to send it to trial. Schurr's legal team challenged the decision, but higher courts affirmed the decision.

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