GRAND RAPIDS, Mich. – The fourth day of testimony in the trial of former officer Christopher Schurr began with the continuing testimony from defense witness Grand Rapids Police Capt. David Siver.
Schurr was charged with second-degree murder after Patrick Lyoya, a 26-year-old Congolese refugee, was shot and killed during a traffic stop in April 2022.
Cross-examination of Captain Siver
Kent County Prosecutor questioned Siver in cross-examination, after Siver told the jury Tuesday that Schurr was appropriate in using deadly force.
Previous coverage -- Ex-officer’s murder trial in death of Patrick Lyoya: Police captain defends Schurr’s actions
Judge Christina Mims read a question from a juror for Siver to answer.
Juror Question: “Is deadly force appropriate in situations of active resistance or only in situations of active aggression?”
Siver: “Active resistance you can’t say always, but would most likely not lead to a deadly force incident. It becomes, it’s a fine line between resistance and aggression. For example, grabbing at a taser would be an aggressive act and that would raise the level of force greatly. So hopefully that answers that.”
Testimony from Captain Chad McKersie
The next witness called by the defense was Capt. Chad McKersie with the Grand Rapids Police Department, who discussed what it’s like to be tased.
“Unbelievably painful,” McKersie said.
Mark Dodge (Defense Attorney): “Was Officer Schurr reasonable to resort to deadly force in this situation?”
McKersie: “Yes, I believe in my opinion he was in fear that this device was going to be used against him. He was going to be incapacitated, he’s already exhausted at that moment.”
The prosecution objected to this statement, arguing McKersie can’t testify to what Schurr believed.
The judge agreed with the prosecution and struck the comment from the record.
The next witness called by the defense was Officer Jason Gady with the Grand Rapids Police Department.
Expert testimony from Lon Bartel
The eighth witness called by the defense is Lon Bartel.
The judge allowed Bartel to testify as an expert in exhaustion and exertion factors.
Bartel gave his opinion on Schurr’s state after the physical struggle with Lyoya.
“Is then at a point where he is exhausted and has very little options other than the use of deadly force to stop the ongoing assault,” Bartel said.