GRAND RAPIDS (WWJ) -- After two days, the preliminary exam for former Grand Rapids police officer Christopher Schurr has concluded. Whether or not Schurr will stand trial for second-degree murder for the killing of 26-year-old Patrick Lyoya will now be determined by a judge, who is expected to give his decision on Monday.
Schurr had pulled Lyoya over in early April. A struggle ensued, and Lyoya grabbed onto Schurr's taser. The pair wrestled further. Schurr was on top of Lyoya when he pulled out his gun and shot Lyoya in the back of the head, killing him.
In the aftermath, police released video footage of the shooting from four sources. An autopsy determined that Lyoya died of a single gunshot wound to the head. Lyoya was also found to be intoxicated at the time of his death, though he was not pulled over for any sign of drunk driving.
Schurr was immediately placed on administrative leave. He was eventually charged with second-degree murder and fired. Schurr turned himself in and pleaded not guilty.
At question in the preliminary exam is whether the prosecution has provided enough evidence for Schurr to be bound over for trial.
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The first day of the exam focused on video evidence and the testimony of Lyoya's friend and passenger, Amie Tuishme.
Tuishme had exited the car after Schurr engaged Lyoya. He recorded most of the struggle and the shooting with his cell phone camera.
In the video, the two men struggle on the lawn of a house near where Lyoya pulled over. Schurr deploys a taser, which does not take effect. Lyoya can be seen grabbing onto the taser, which Schurr later deploys a second time -- also unsuccessfully. Shortly after, Schurr is on top of Lyoya when he pulls out his gun and shoots Lyoya in the back of the head.
During the struggle, Schurr can be heard yelling, "Stop resisting!" and "Let go of the taser!"
Tuishme can also be heard, saying "Nah, he's good. He's not resisting nothing," "Why you gotta do all that? He good," and "Nah, he didn't grab no taser."
Tuishme testified that Lyoya had pulled over, not because of Schurr, but because the car was making a noise, and he wanted to check it out.
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When asked in court why he got out of the car after the struggle began, Tuishme said, "It looked [like] something was wrong."
Wayne Butler -- a local resident -- witnessed the struggle leading up to the shooting. He did not witness the shooting itself because he had run back into his house to get his cell phone. Butler testified that -- although Schurr seemed worn out after awhile -- he always had control of the struggle.
On the second day of the preliminary exam, current police officer, Captain Chad McKersie, testified that Schurr followed his training in the use of force because Lyoya had grabbed on to Schurr's taser.
According to Captain McKersie, Lyoya had disarmed Schurr of a serious weapon, one which can cause death or serious injury.
When asked if Lyoya had done everything correctly, McKersie said, "Yeah, he went through his use-of-force options to the best of his ability during that time."
McKersie was also asked why Schurr was fired if he had acted in accordance with his training.
"I did not do that. I don't know," Captain McKersie said.
After the preliminary exam concluded, the judge stated that he would take time to review the evidence and the applicable law, and that he would give his final decision on Monday.
If this case goes to trial and Schurr is convicted, he faces up to life in prison with the possibility of parole.
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