GRAND RAPIDS, Mich. (WOOD) — A jury says it can’t attain a verdict within the case of a former Grand Rapids police officer who was accused of homicide after he shot and killed a person following a visitors cease three years in the past.
The jury deliberated for greater than 20 hours earlier than telling the choose Thursday it was hopelessly deadlocked within the case of Christopher Schurr within the loss of life of Patrick Lyoya.
“I did receive communication that you were able to receive a verdict,” Kent County Circuit Court docket Choose Christina Mims mentioned because the jury returned to the courtroom Thursday morning. “I wanted to verify that that’s true, that you’re unable to reach a verdict as a panel?”
“Correct,” the foreperson replied.
Mims then declared a mistrial.
Jurors had mentioned Tuesday they might not attain a verdict. At the moment, Mims instructed them to maintain deliberating. They did so, continued their work by Wednesday and returned Thursday morning.
“To keep sending (jurors) back (to keep deliberating) would have been a little more fraught in the sense that you don’t want to put the jurors in a situation where they’re feeling pressure to compromise,” Professor Tracey Brame of Cooley Regulation College defined to Information 8 after the mistrial was declared. “The verdict has to be unanimous. They could not find a place where all 12 of them could land. I’m not surprised based on the evidence we heard in the case.”
Kent County Prosecutor Chris Becker should now determine whether or not to attempt the case once more in entrance of a brand new jury.
THE SHOOTING
Nobody ever disputed that Schurr shot and killed Lyoya, a 26-year-old refugee from the Democratic Republic of the Congo. The query the jury couldn’t determine a solution to was whether or not it was homicide.
“What this boils down to is this was unjustifiable and unreasonable,” the prosecutor instructed jurors throughout his opening assertion. “It was a crime.”
“This case is about self-defense. This was not murder. This was about self-defense,” protection legal professional Mikayla Hamilton mentioned. “(Schurr) acted to save his own life.”
The capturing occurred the morning of April 4, 2022, throughout a visitors cease on Grand Rapids’ Southeast Aspect. Lyoya had been consuming earlier than he died, a witness testified, and his blood alcohol content material was greater than thrice the authorized restrict to drive, his post-mortem confirmed.
As homicide trial begins, witnesses describe battle over Taser earlier than Patrick Lyoya was shot
Video from the visitors cease reveals Lyoya working away from Schurr and an about 2.5-minute battle between the 2, together with them grappling over Schurr’s Taser. In the end, Schurr, who was on high of Lyoya making an attempt to carry him down, shot him behind the pinnacle.
“It was happening fast,” Lyoya’s passenger Aime Tuyishime testified on the primary day of the trial.
Wayne Butler, who lives close to the place the capturing occurred, testified he noticed it occur.
“This isn’t going to end good,” he recalled considering.
The prosecutor mentioned the capturing was not justified and charged Schurr with second-degree homicide in June 2022. Schurr was fired from the police division.
Schurr claimed self-defense. A collection of appeals from his authorized workforce meant it was greater than three years after Lyoya’s loss of life that the case lastly went to trial.
A jury of 14 individuals — 10 girls and 4 males — was seated April 23, and the trial bought underway April 28.
TESTIMONY
On the middle of the case was Schurr’s Taser and the battle over it. The prosecution referred to as an professional witness from producer Axon to elucidate to the jury the way it labored. He defined it was fired twice — its most — and at that time, the hurt it may have precipitated Schurr was much less severe than when somebody is hit by the darts — although it may have nonetheless been harmful.
Two consultants in police use of drive mentioned that, of their opinion, Schurr’s resolution to shoot Lyoya was not cheap. They mentioned Schurr made tactical errors earlier than the capturing. One mentioned Schurr mustn’t have chased Lyoya whereas Lyoya’s passenger was nonetheless within the automotive. The opposite mentioned Schurr pulled his Taser too near Lyoya, giving Lyoya the possibility to seize it. One additionally argued Schurr ought to have given a selected warning that he was going to shoot Lyoya earlier than he pulled the set off.
Witness in homicide trial: Schurr created jeopardy that led to capturing of Lyoya
The protection labored to point out that Schurr was in concern for his life when he pulled the set off. Witnesses referred to as by the protection included officers who responded to the scene after the capturing. They described Schurr as exhausted.
The protection additionally referred to as Grand Rapids Police Division captains who mentioned Schurr didn’t violate division insurance policies in his interplay with Lyoya and that it was cheap for Schurr to shoot him as a result of Lyoya had gained management of his Taser and posed a menace to his security.
An professional on exertion and exhaustion elements for an organization that gives coaching to regulation enforcement instructed the jury that it appeared to him like Lyoya was in charge of the combat with Schurr and did not appear affected by Schurr’s efforts to subdue him.
Protection professional says capturing Patrick Lyoya was cheap due to menace
Taking the stand in his personal protection Friday, Schurr mentioned he was already exhausted by the battle by the point he drew his Taser. When Lyoya grabbed it, he mentioned, he was afraid Lyoya would apply it to him. By the point he drew his gun, Schurr mentioned, he was “running on fumes” and afraid for his life.
“I believe if I didn’t do what I did when I did it, I wouldn’t be here today,” Schurr mentioned.
Schurr didn’t need to testify. He mentioned he selected to as a result of he felt it was “important to get my side of the story out.”
Beneath cross-examination, the prosecutor tried to point out that Lyoya was simply working to get away from Schurr fairly than hurt him.
“At no point did he go for your gun, did he?” Becker mentioned.
“No,” Schurr responded.
Cooley Regulation Professor Tracey Brame mentioned it was “essential” for the jury to listen to Schurr’s testimony.
“They asked him more questions than any of the other witnesses,” Brame mentioned. “That really allowed them to get a window what he was thinking and feeling at the time. And it seems from their questions and the difficulty in coming to a consensus that they were really struggling with what to do with that.”
CLOSING ARGUMENTS
Testimony wrapped up Monday morning, and attorneys for each side delivered their closing arguments to the jury.
“This is a real man, a human being, shot in the back of the head,” Becker mentioned. “I’m not going to sit here and argue Patrick was a saint. He was drunk driving. He was resisting. He was driving without a driver’s license. None of those are executable offenses.”
Becker instructed the jury that Schurr made crucial errors after he pulled over Lyoya that day. He mentioned Lyoya was solely making an attempt to get away from Schurr and by no means posed a menace to him, even when he had gained management of the Taser.
“Pain is not a reason to use deadly force,” Becker mentioned. “Pain of a thousand burning suns doesn’t justify it.”
Protection legal professional Matthew Borgula mentioned Becker “failed miserably” to make the case that Schurr was responsible.
“You must discover him not responsible after the federal government’s case,” Borgula said. “His entire life is on the line. The prosecutor cannot show that his fear was unreasonable.”
Borgula reminded the jury that Schurr made a lawful cease when he pulled Lyoya over and harassed that Lyoya resisted him. He argued the prosecution’s professional witnesses have been viewing the case in hindsight.
“Choose (Schurr) on the choice, and never all this noise round it,” Borgula said. “When you have any sliver of cheap doubt, you need to acquit.”
—Information 8’s John Hogan, Ken Kolker and Brittany Flowers contributed to this report.
