GRAND RAPIDS, Mich. — The jury trial for a veteran Grand Rapids police officer began on Thursday, September 1.
Ofc. Gregory Bauer, 46, was charged with a misdemeanor after prosecutors say he carelessly fired his handgun causing property damage.
The shooting happened in December 2021 on the city's southeast side in the area of Cass Avenue.
Before the trial began, there was a discussion between the judge and the attorneys over whether a witness for the prosecution, Daevionne Smith, would be able to testify.
Smith, who is Breonna Taylor’s cousin, was the only person, other than law enforcement, who was present when Ofc. Bauer accidentally fired his handgun.
On Dec. 9, Bauer and other police officers were following a vehicle driven by Smith that matched the description of a car that had been stolen. Smith stopped at his father's apartment home on the city's southeast side, and that's when police set up a perimeter and waited for him.
When Smith left the home and officers moved in, Bauer claims he tripped, causing his gun to discharge. No one was injured, but a bullet did hit the apartment building.
Police discovered that Smith's car was not the stolen car they were looking for.
Smith filed a lawsuit against the police department and the city of Grand Rapids claiming reckless endangerment and negligence.
Bauer's defense attorney, Mark Dodge, claimed Smith's testimony would create unfair prejudice and cause potential mistrial, however, prosecutors believe his testimony is relevant.
"What is it about what he would offer if he testified that none of these other people or video, that none of this evidence could provide, because that's really the question here," asked Hon. Judge Nicholas Ayoub of 61st District Court.
Ultimately, the judge decided that Smith couldn't be the prosecution's first witness, and will decide later if Smith can take the stand.
During opening arguments, Prosecutor Felix Tarango said Bauer was running at full speed in the middle of the night while pointing his handgun.
He fired his handgun because he has a habit of putting his finger on the trigger, and not because he tripped.
"You'll see on the video that at no point do you see him trip," said Tarango. "The question at end of the day you'll have to answer is, should Mr. Bauer be held responsible for that gun going off?"
Dodge said the jury will hear testimony from other officers on scene that the ground was uneven.
He also said the jury should listen to expert testimony about training, policies, and procedures to assess if Bauer was doing everything appropriately.
"We need to assess this case in the eyes of a similarly situated police officer and their duties, training and experiences," said Dodge.
Bauer has been a police officer for over 20 years and was placed on leave while the investigation was underway.
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