Lyoya shooting: Officer takes the stand

A Michigan police officer who killed a man with a shot to the back of the head is testifying in his own defence at his second-degree murder trial. Christopher Schurr says he was “running on fumes” and fearing for his life when 26-year-old Patrick Lyoya got control of his Taser.

He says he shot Lyoya in Grand Rapids because he thought he would be killed. The issue for jurors is whether they believe Schurr had a reasonable belief that his life was in jeopardy after Lyoya got control of his Taser during a fight. Lyoya was facedown on the ground when Schurr shot him. It’s not known why Lyoya was trying to flee. Records show his driver’s license was revoked at the time and there was an arrest warrant for him in a domestic violence case, though Schurr didn’t know it.

An autopsy revealed his blood-alcohol level was three times above the legal limit for driving, according to testimony. During cross-examination, prosecutor Chris Becker tried to highlight inconsistencies between Schurr's testimony and his statements to investigators three years ago, particularly his physical condition at the time.

Becker also noted that the officer was on top of Lyoya before the fatal shot, suggesting that he had an advantage. "He never said he was going to kill you, right? Never said he was going to hit you. Never said he was going to kick your butt or do anything bad to you,” the prosecutor said. Schurr earlier testified that he had a Taser used on him during police training and knew it could cause "excruciating pain.”

“I shot him because I believed he was going to use it on me,” Schurr told Becker. “He started to turn up towards me. I felt if I didn't respond at that time, I wouldn't be here.” “Sure, but he’s not here, is he?” Becker shot back, referring to Lyoya's death. “No, he’s not,” Schurr replied.