28-year old Devon Kraemer is on trial for aggravated battery, use of a dangerous weapon, in connection with the shooting that injured Manuel Burnley Jr. on March 14, 2016.
Burnley Jr. boarded an MCTS bus on Brown Deer Road and became argumentative after the driver told him about a change in policy related to bus transfers.
The bus driver told investigators she continued along her route until she spotted a pair of Brown Deer Police squad cars parked near 60th & Brown Deer Road. The bus driver pulled over and flagged down the two officers.
Kraemer's lawyers have argued to jurors that she was worried for her safety as well as Leeman's when she fired a single round into Burnley Jr.'s back during the struggle off the bus.
Kraemer told investigators following the shooting that she thought Burnley Jr. might be armed or reaching for Leeman's firearm.
Burnley Jr. was never charged in connection with the incident. The state is expected to call him as a witness.
Friday afternoon, he took to the witness stand and told his side of the story.
Burnley Jr. admitted to yelling and arguing with the bus driver, as well as the officers.
He also said he never intended to harm anyone.
"Did the officers ever threaten you?" asked the prosecutor.
"No," Burnley Jr. replied.
"Did you ever threaten them?" Griffin inquired.
"No, I didn't," Burnley Jr. said.
Burnley Jr. said he was taking the bus home from work because he had stayed at work late that day.
"The police are telling you to get off the bus or get a ticket, right?" Griffin asked Burnley Jr.
"Yes," he responded.
"So why not just get off the bus?" Griffin asked.
"I just wanted to go home," Burnley Jr. said.
Burnley Jr. testified that, once off the bus, he remembered Leeman tripping him and all three people falling to the ground.
He said he disagreed with statements from police that he was resisting arrest.
"It wasn't me struggling. It was them struggling with my arms, trying to arrest me," Burnley Jr. said. He said his arms are short, and he believed officers were having a hard time getting them behind his back.
Kraemer is currently on administrative suspension from the Brown Deer Police Department, according to Chief Michael Kass.