Source: Memphis Police Department / Memphis Police Department
UPDATED: 9:30 a.m. ET, Nov. 12, 2024
The family of Tyre Nichols will start their process to seek monetary justice for the death of their son when he was brutally beaten by several former MPD officers.
According to WREG, court proceedings are set to begin today in the case of RowVaughn Wells versus the City of Memphis. Wells claims the Memphis Police Scorpion Unit used “seething aggression and unjustified force” against Tyre Nichols when they viciously attacked him after pulling him over for an alleged traffic violation back in January 2023.
The $550 million federal lawsuit names the city of Memphis, Memphis Police Chief CJ Davis, and 10 current and former city employees.
The trial date, set for Jan. 27, 2025, will be exactly two years since Nichols was beaten to death by former Memphis officers, according to WREG.
Civil rights attorney Ben Crump, who is representing the family, says the lawsuit’s main objective is to rid communities of police “oppression.”
“It is our mission to make it financially unsustainable for these police ‘oppression’ units to unjustly kill black people in the future,” Crump said.
Tyre Nichols’ mother broke her silence in a sweeping interview with the Washington Post in which she touches on the concept of “justice” for her son’s death and addresses a defense lawyer whom she claims tried to bait her family into a response in court.
RowVaughn Wells said Martin Zummach — defense attorney for Justin Smith, one of the three former Memphis police officers recently found guilty and convicted of witness tampering for trying to cover up the deadly beating early last year — would stare at her and her family “in the courtroom during a break in the trial, holding the poster boards he’d present to the jury to make a case for Smith’s innocence, and grinned,” the Post reported.
More from the Post:
At one point, Wells found herself imagining what would happen if she leaped over the short wooden wall separating the gallery from the rest of the court and slapped Zummach as he was speaking. Instead, she squeezed her husband’s hand until the thought disappeared.
“I think he really wanted me to react so [the judge] could declare a mistrial or something,” Wells said of Zummach’s behavior. “I don’t know how they’re supposed to act, but I thought that they could have showed a little bit more humanity.”
Wells also described the concept of “justice” during an interview that was conducted the day after the former Memphis police officers were acquitted of the harshest charges for brutally beating her son to death.
Wells told the Post that she was able to find some solace in those convictions.
“They found them guilty of something,” Wells said. “So, to our family, that felt like a piece of justice for us, because a lot of families don’t even get that. So we’ll keep getting a piece of justice here, a piece of justice there.”
Read the full Washington Post report by clicking here.
Source: Memphis Police Department
Tyre Nichols Update: Ex-Memphis Cops Have Court Date Ahead Of State Trial In Deadly Police Brutality Case
UPDATED: 8 p.m. ET, Oct. 24, 2024
The five former Memphis police officers who have all been convicted in federal court for their roles in fatally beating unarmed Black motorist Tyre Nichols, 29, last year are on the precipice of having their state trial beginning.
Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills and Justin Smith were all scheduled to be in a Memphis court on Thursday in a pre-trial proceeding. Thursday marks their first court appearance in the state case.
All five of the Black men are charged by the state of Tennessee with second-degree murder.
Mills is the only one of the disgraced former police officers who has thus far pleaded guilty to the state charges.
A trial date for the state charges has not yet been set.
Earlier this month, Bean, Haley and Smith were all convicted in the federal trial of witness tampering for trying to cover up the deadly beating. Bean and Smith were acquitted of violating Nichols’ civil rights. Haley was also found not guilty of violating Nichols’ civil rights. Instead, he was convicted of violating Nichols’ civil rights causing bodily injury, the latter of which carries a much lighter penalty. Bean and Smith also were found not guilty of a conspiracy to witness tamper charge, for which Bean was convicted. The mixed verdict and acquittal of the most serious charges means the former cops are no longer facing life sentences in prison.
$550M Lawsuit For Tyre Nichols’ Death Will ‘Essentially Bankrupt’ Memphis, City Lawyers Say
The fight to get justice for the deadly police beating of Tyre Nichols continues.
Weeks after a federal jury delivered a mixed verdict against the former Memphis police officers who beat Tyre Nichols to death following a traffic stop, lawyers for the city fighting a lawsuit filed by the unarmed Black driver’s mother say she is not being forthcoming.
Fox 13 reported on Oct. 18, 2024, that city attorneys claim RowVaughn Wells, who in April sued Memphis and its police department for the fatal brutality, is being accused of withholding information that can be used to fight the $550 million lawsuit.
More from Fox 13:
“(Wells) objects to the discovery of essentially any independent source of information about Mr. Nichols beyond what (Wells) or her immediate family members can provide. (Wells), understandably, seeks to present Mr. Nichols’s life story in a positive light. However, (Wells) attempts to prohibit any independent corroboration,” the city’s lawyer wrote.
The attorney also claimed that the City of Memphis has been met with “resistance and obfuscation” from Wells throughout the process of obtaining “relevant, discoverable information.”
Some of those communications the attorney for the City of Memphis has tried to obtain include communication between Nichols and “his close friends” during a four-year period after Nichols moved to Memphis. The defense said they’re also seeking communication between those people and Nichols’ parents and any communication those people had regarding Nichols, Nichols’ estate, Nichols’ son, and the litigation. The defense anticipates that those communications will be relevant to Nichols’ “enjoyment of life, strength, and capacity to work and for earning money,” and his “personal habits of sobriety and industry.”
The city’s attorneys also claim that losing the lawsuit would “essentially bankrupt the City of Memphis.”
Meanwhile, sentencing for one of the former Memphis police officers involved in the fatal beating who took a plea deal in the case has had his sentencing delayed. Desmond Mills is now scheduled to be sentenced in February, WREG reported.
That development came days after lawyers for two of the three former Memphis police officers who were convicted earlier this month filed motions for their acquittals claiming the burden of proof was not met by prosecutors.
The former cops — Tadarrius Bean and Justin Smith — are innocent of obstruction of justice, their lawyer argued.
Ex-Memphis Cops Who Beat Tyre Nichols To Death Found Not Guilty Of Harshest Charges
Three former Memphis police officers who were involved in the fatal beating of unarmed Black driver Tyre Nichols, whose death sparked nationwide protests, were on Oct. 4 found not guilty of the harshest charges they were facing during their federal trial.
While Tadarrius Bean, Demetrius Haley and Justin Smith were all convicted of witness tampering for trying to cover up the deadly beating of Tyre Nichols late last year, Bean and Smith were acquitted of violating the 29-year-old’s civil rights. Haley was also found not guilty of violating Nichols’ civil rights, but he did get convicted of violating Nichols’ civil rights causing bodily injury, the latter of which carries a much less harsh penalty than the former. Bean and Smith were found not guilty of a conspiracy to witness tamper charge, for which Bean was convicted, the Associated Press reported.
The mixed verdict and acquittal of the most serious charges means the disgraced former police officers are no longer facing life sentences in prison.
Cop Sent Ex-Girlfriend Photos Of Beaten Black Man After Traffic Stop
During testimony in September, the ex-girlfriend of one of the officers charged in the death of Tyre Nichols told jurors that she was sent photos of a bloody Nichols after he was badly beaten by officers the night he was killed.
Ex-officers Tadarrius Bean, Demetrius Haley and Justin Smith Jr. face federal, civil rights and conspiracy charges. All three officers, who are accused of violating Nichols’ civil rights through excessive force and failure to intervene and obstructed justice through witness tampering, have pleaded not guilty.
According to AP, Brittany Leake, the former girlfriend of ex-cop Demetrius Haley, testified that she was on the phone with Haley when officers pulled Nichols over and beat him to death. While on the phone, she told the court she heard a “commotion” and heard officers giving directions to Nichols.
After the call ended, Haley texted a photo of Nichols to a family group chat, including Leake and her godsister. The picture, which was shared with the court, showed Nichols on the ground bloodied, with his eyes closed and his hands behind his back, according to AP.
“Oh my God, he definitely needs to go to the Med,” Leake told jurors she said after witnessing the photo sent by Haley.
She also said she deleted the photo, saying it was hard to look at.
“I wasn’t offended, but it was difficult to look at,” she told the court.
Tyre Nichols “wasn’t a threat”
On Monday, ex-officer Emmitt Martin III testified that Tyre Nichols didn’t pose a threat to police during the traffic stop that ended in his fatal beating, according to AP.
In August, Martin pleaded guilty to using excessive force and failing to intervene in the unlawful assault, as well as conspiracy to cover up his use of unlawful force. According to AP, During testimony, Martin told jurors he saw Nichols speed up to beat a red light and then change lanes without signaling, which led to the police stop. Officers pulled their guns on Nichols as soon as they pulled him over, snatching him from his vehicle without telling him why he was stopped.
Martin also said that Nichols was resisting in a non-aggressive manner, only pulling his hands away from officers who were trying to cuff him.
“He wasn’t a threat,” Martin told jurors.
Opening statements
Prosecutors painted a vivid picture to jurors during opening statements in the federal trial against three ex-Memphis who brutally beat and killed 29-year-old Tyre Nichols.
Assistant U.S. Attorney Elizabeth Rogers said officers “stood by [Nichols’] dying body and laughed” after they brutally beat him, according to NBC News.
“We’re going to ask you to watch Tyre Nicols being beaten to death,” she told jurors. “The beating was captured from multiple angles and clarity. Five officers took turns punching, kicking and batoning him until he died.”
She continued, “You won’t see Tyre pose a threat, throw a punch or make or kick,” the prosecutor said. “You won’t see any of the defendants raise a finger to spare Tyre Nichols.”
Instead, “officers took off their body-worn cameras to join in the beating. They laughed about the big punches Nichols took and how long it took him to fall.”
Defense attorneys pushed back, claiming that police were doing their job.
“He was hit a total of four times,” Defense attorney John Keith Perry Jr., who represents former officer Tadarrius Bean, told jurors during opening statements. “He’s kicked three times to the body. These are accepted when a person is failing to follow instructions.”
Demetrius Haley’s attorney, Michael Stengel, said the traffic stop became “high risk” because Nichols didn’t pull over quickly and once he did, he stopped in a turning lane. He also claimed that when Haley pulled Nichols from the car, Haley told Nichols to “let go” of his gun, according to CNN.
During a break in court, Nichols’ mother, RowVaughn Wells told reporters she hopes to get justice for her son.
“Our hope is that they’re found guilty and to show the world that my son was a good person and he wasn’t the criminal that they’re trying to make him out to be,” said Wells.
Jury selection begins
Jury selection began on Monday in the federal trial against three ex-Memphis who brutally beat and killed 29-year-old Tyre Nichols. His death sparked national outrage, triggering protests all over the country.
Ex-officers, Tadarrius Bean, Demetrius Haley and Justin Smith Jr., face federal, civil rights and conspiracy charges. All three officers, who are accused of violating Nichols’ civil rights through excessive force and failure to intervene and obstructed justice through witness tampering, have pleaded not guilty.
According to AP, the jury will be selected from a pool of around 200 people and the highly anticipated trial is expected to last between three to four weeks. The Nichols family is also expected to attend the trial.
In August, ex-cop Emmitt Martin III pleaded guilty to using excessive force and failing to intervene in the unlawful assault as well as conspiracy to cover up his use of unlawful force. Martin is set to be sentenced Dec. 5.
In November 2023, the fifth cop charged, Desmond Mills Jr., also pleaded guilty to federal charges of excessive force and obstruction of justice. Mills is set to be sentenced Nov. 7.
As a part of the ex-officer’s plea deal, prosecutors have recommended Martin get 40 years in prison and Mills get 15 years, according to Local Memphis.
Trye Nichols died Jan. 7, 2023, after five Memphis Police Officers violently beat him.
Federal judge hears arguments about jury
In May, a federal judge heard arguments this week about whether the jury in the trial against the officers who killed Tyre Nichols should hear evidence found in his car the night he was killed by police in 2023.
According to AP, on Tuesday, defense attorneys asked the judge if jurors could be introduced to evidence that Nichols had a hallucinogenic drug and stolen credit cards in his car when Memphis police pulled him over.
Lawyers for the officers tried to convince the court that items discovered in Nichols’ car after police beat him explain why he didn’t pull over right away when police stopped him. The lawyers also claimed that the drugs found in the vehicle were the reason Nichols tried to run after officers pulled him out of his car.
Officers would later catch up to Nichols and brutally beat him to death, just steps away from his house.
Defense attorneys argued that the evidence is relevant because it explains why he evaded officers and was able to resist attempts by the officers to subdue him while corroborating the officers’ perceptions of Nichols’ demeanor. After the beating, officers speculated that Nichols was on drugs, which they believed influenced his behavior, the attorneys said.
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Prosecutor Forrest Christian disagreed with the defense attorneys claiming the officers didn’t know about the items in the car and didn’t have them when he was being beaten.
“It’s just a character attack,” Christian told the court.
Defense attorney Martin Zummach pushed back, saying no evidence should be kept from the jury.
“Let the jury have all the facts,” Zummach said.
Tennessee bill reversing traffic stop reforms after Tyre Nichols’ police beating death signed into law
A bill that repeals police traffic stop reforms adopted after the beating death of Tyre Nichols was signed into law on Thursday by Tennessee Gov. Bill Lee, potentially clearing the way for more innocent drivers to be legally brutalized by law enforcement.
Lee, a Republican, signed the GOP-led legislation, the Associated Press reported.
The bill was signed into law despite Nichols’ parents speaking out about the legislation and pleading with lawmakers to keep the civil protections in place established after the unarmed 29-year-old Black man pulled over at a traffic stop for “reckless driving” was beaten to death by five Memphis police officers who have all been charged with murder and federal civil rights charges.
The new law enables police across the state to keep making such pretextual traffic stops for minor driving violations that data shows disproportionately affect Black drivers.
“I think what’s most important for us to remember is that we can give law enforcement tools, but we’ve got to hold law enforcement to a standard of using those tools appropriately, where there’s an appropriate interaction with the public,” Lee previously said about the bill. “That’s not what we understand has happened all the time, and certainly their family would attest to that.”
Bill undoing traffic stop reforms after police beating death heads to governor
A bill expected to undo significant police reforms centered on the type of pretextual traffic stop that got Tyre Nichols beaten to death was passed on March 14 in the Tennessee state Senate. The development came a week after the state’s House of Representatives voted to advance it.
Now, the bill heads to the governor’s desk, where it will likely be signed into law.
SB2572 passed the Tennessee Senate 26-6 on Thursday, March 14.
If signed into law, the bill would “prohibit a local governmental entity or official from adopting or enacting a resolution, ordinance, or policy that prohibits or limits the ability of a law enforcement agency to conduct traffic stops based on observation of or reasonable suspicion that the operator or a passenger in a vehicle has violated a local ordinance or state or federal law.”
Lawyers for Nichols’ mother and stepfather, RowVaughn and Rodney Wells, said they were unsuccessful in convincing Republican State Sen. Bret Taylor to delay Thursday’s vote.
The following statement from RowVaughn and Rodney Wells was sent to NewsOne following the Senate passing SB2572:
“The city of Memphis worked tirelessly to get ordinances passed in Tyre’s name, so this bill hurts us deeply. Local Memphis leaders tried to speak with the state legislators pushing for this legislation, but they were brushed off –– as were we.
“This legislation was clearly targeted to take down the ordinances named after our son, and while we miss him dearly, this is about so much more than Tyre. There are many other Memphians that have experienced pretextual stops with police that ended with violence. Our goal was to create something in Memphis that could protect our community, but even after doing so, our success is fleeting.
“We wish that instead of this political sabotage, we could have come together to discuss what is working and what isn’t. Compromise could have happened, but we were never given the opportunity to try.”
Bill advances threatening traffic stop reforms enacted after police beating death
The family of Tyre Nichols sounded the alarm around proposed legislation that would undo existing police reform measures in Memphis after the bill on March 8 advanced closer to becoming law.
The police reforms being threatened were installed after Nichols died following his brutal arrest during a traffic stop — the same kind of pretextual traffic stop at the center of the proposed legislation.
Representatives for Nichols’ family previously said that SB2572 would “nullify” legal measures put in place following Nichols’ death on Jan. 10, 2023, including the Data Transparency Act and the Tyre Nichols Driving Equality Act.
On Thursday, they reiterated that stance in a statement emailed to NewsOne:
“We continue to urge the Tennessee Senate to reject SB2572 and preserve the essential police reforms that honor the memory of Tyre Nichols and serve to protect communities across our state. The proposed legislation represents a dangerous step back in the fight for accountability, transparency, and justice within law enforcement. We are moving dangerously backwards with this legislation and others like it, including those that eliminate DEI policies and efforts that were created in the aftermath of George Floyd’s murder.
“The Memphis ordinances, which we view as part of Tyre’s legacy, were crafted with the goal of preventing future tragedies and fostering trust between law enforcement and the communities they serve. SB2572 not only undermines these efforts, but also disregards the collective voice of the people who tirelessly advocated for change.
“We call on Tennessee lawmakers to live up to the oath of their offices by prioritizing the safety and well-being of all citizens –– they must reject SB2572 and uphold the integrity of our local police reform ordinances. Our resolve remains unwavering, and we will continue to fight for justice in Tyre’s name –– we hope our state senators will do the same.”
New Tennessee bill would ‘nullify’ police traffic stop reforms enacted after beating death
Tyre Nichols‘ family is encouraging legislators in Tennessee to reject a bill that would undo police reform measures in Memphis, where four former police officers stand accused of murdering the unarmed driver by brutally beating him more than a year ago.
Representatives for Nichols’ family say that SB2572 would “nullify” legal measures put in place following Nichols’ death on Jan. 10, 2023, including the Data Transparency Act and the Tyre Nichols Driving Equality Act.
The Data Transparency Act maintains updated information about traffic stops in real time. The Tyre Nichols Driving Equality Act was enacted to prevent pretextual traffic stops like the one that led to Nichols’ death.
SB2572 would also allow police officers to resume using unmarked cars for traffic stops, such as what happened to Nichols.
Allowing SB2572 to pass would make a “mockery” of Nichols’ killing, his family said.
“The current bill SB2572 that should be voted on next week in the Tennessee Senate would be a mockery and directly contradict that earlier resolution and further unjustly and unlawfully ratify the actions of the police officers and the City of Memphis as to their roles in Tyre’s death,” Nichols’ family said this week in a statement emailed to NewsOne.
Nichols’ mother made a similar plea to Tennessee lawmakers.
“This legislation would remove critical reforms the Memphis community fought for on behalf of my son Tyre, and would be a devastating step backwards,” RowVaughn Wells said. “Our communities deserve law enforcement that is held to the highest standard of integrity and accountability to begin to restore trust. We urge lawmakers to vote ‘no’ to SB2572.”
Federal trial pushed back for ex-cops accused of murder
The federal trial for the four ex-Memphis police officers charged in the beating death of Nichols has been pushed back four months, the Associated Press reported in February 2024.
Previously U.S. District Judge Mark Norris changed the trial date for the former cops from May 6 to Sept. 9 after defense lawyers requested more time to prepare for court. Lawyers said they needed more time to review more than 800 gigabytes of video, documents as well as other evidence in the case.
“This case has a number of moving parts,” Stephen Ross Johnson, the lawyer for former officer Emmitt Martin, told the court. “We just need additional time.”
Source: Lucy Garrett / Getty
More video footage surfaces
Last month, officials in Memphis released hours of more video footage from the fatal police beating of Nichols more than a year ago.
Portions of the dozens of videos recorded by police body cameras show officers involved, including the five former cops charged with Nichols’ brutal murder following a traffic stop, according to the Memphis Commercial Appeal, which reviewed the footage.
The previously unreleased video also shows police trying to criminalize Nichols and claiming without proof the 29-year-old was on drugs after officers said they tasered him without achieving the desired effect.
More from the Memphis Commercial Appeal:
Footage from officer Chris Wilson’s body-worn camera showed officers move Nichols from below a street sign, leaning him up against a car. Demetrius Haley, one of the five ex-MPD officers who has been criminally charged, begins explaining what he saw to other officers who had just made the scene.
“That man got Tased, with the prongs running down f–king Ross,” Haley said. “He on something bad. We did him up, won’t stop. We did it again, won’t stop. I’m talking about finna take folks out in oncoming traffic and everything.”
After a brief pause, Haley walks off camera, shaking his head, and said, “F–k, mane.”
Wilson, who is not facing criminal charges, then walks over to former officer Justin Smith, asking, “What’s up man? Good?” before giving him a fist bump.
While standing over Nichols, officers can be heard speculating that Nichols is “high as a kite,” before talking about the force they used on him.
“It was just a traffic stop,” one officer, who cannot be seen on camera, said. “Shit, the motherf–ker get out the car, and we were like, ‘mane, bruh, chill.’ Motherf–ker started fighting.”
A previously released video showed Nichols trying to speak with officers before one pulled him from the car and took him to the ground during that initial traffic stop.
“He strong as a motherf–ker,” former officer Tadarrius Bean said to some of the bystanders as EMTs evaluated Nichols.
Attorneys representing Nichols’ family said they have also obtained the footage.
“As our legal team reviews the new body cam videos of Tyre Nichols’ horrific death at the hands of Memphis Police, we expect the videos to affirm what we have said from day one: that there was absolutely no justification for the officers’ brutal and inhumane actions,” attorneys Ben Crump and Antonio Romanucci said in a statement emailed to NewsOne. “We will continue our unflinching look at this tragedy and stand strongly with Tyre’s family in their continued grief and fight for justice.”
The dozens of videos released on Tuesday can be viewed by clicking here.
Memphis officials said they would be releasing additional documents in the case in the coming weeks.
Source: CHENEY ORR / Getty
Tyre Nichols’ legal team hopes DOJ can reign in specialized police units’ terror
On Jan. 10, 2024 — exactly one year since the tragic killing of Tyre Nichols at the hands of Memphis Police — the DOJ announced a new publication called Considerations for Specialized Units: A Guide for State and Local Law Enforcement Agencies to Ensure Appropriateness, Effectiveness, and Accountability.
According to DOJ, the guide, which was commissioned after the killing of Tyre Nichols, is designed to support law enforcement agencies and communities across the country as they assess the appropriateness of the use of specialized units, and, where units are deemed appropriate, ensure the necessary management and oversight of such units to advance effective and just policing practices.
The guidance from the DOJ looks at four main stages of specialized units: formation, personnel selection and supervision, management and accountability, and community engagement.
“After the tragic death of Tyre Nichols and public scrutiny of the SCORPION unit, we made it a priority at the Justice Department to develop a practical resource for law enforcement and community leaders assessing the use of specialized units in police agencies,” said Associate Attorney General Gupta.
Attorneys for the family of Tyre Nichols said they hope police nationwide take heed of the new DOJ guidelines.
“We, along with the family of Tyre Nichols, are thankful for the diligent work done by the Department of Justice, and specifically Associate Attorney General Vanita Gupta, in addressing this matter,” attorneys Ben Crump and Antonio Romanucci said in a statement emailed to NewsOne. “We hope this guidance provides police departments with a clear outline of when these specialized units may be appropriate, when they most certainly are not appropriate, and how to properly staff them with officers who will properly execute their explicit duties.”
Candlelight vigils to honor Tyre Nichols
Source: JIM WATSON / Getty
On Jan. 7, more than 100 people gathered for two solemn candlelight vigils to honor his memory and continue the call for justice.
During the vigil in Memphis, Nichols’ mother, stepfather and three siblings talked about his legacy and how hard the past year has been without Tyre.
The Memphis candlelight vigil occurred on Castlegate Lane and Ross Road and the vigil in his hometown of Sacramento took place at the Tyre Nichols Skatepark.
His mother, RowVaughn Wells wore the sneakers she bought him the last Christmas they spent together as she recalled the agony of not having her son with her during the holidays.
“Regardless of wherever my kids are, they’re going to call me, they’re going to come by if they’re close enough,” Wells said during the vigil. “This year, I didn’t get that from Tyre. I didn’t get a phone call. I didn’t get a text message. I didn’t get a ‘Merry Christmas.’ I didn’t get none of that from my baby this year.
“That’s the most hurtful thing because he used to try to be the first one to call,” Wells said. “‘Mama, was I the first one to call you today?’”
Source: Twitter / Twitter
On Jan. 7, 2023, Tyre Nichols tragically lost his life following a violent beating by five Memphis Police Officers.
“It is with heavy hearts that we approach the one-year commemoration of the horrific beating death of Tyre Nichols by members of the Memphis Police Department,” attorneys Ben Crump and Antonio Romanucci said in a statement to NewsOne. “What happened on January 7, 2023, was an unspeakable and inhumane tragedy that needlessly took the life of a gentle and peaceful person who was loved by so many. We extend our continued condolences to his beautiful family. We also see this weekend as one that provides hope, as the family is touched by the many gestures in Memphis and around the world to remember Tyre’s generous spirit.”
Crump and his legal team also said they aren’t stopping the fight for justice for Tyre Nichols.
“Our legal team is fiercely committed to fighting for justice for Tyre and vigorously restate our assertions that the Scorpion Unit officers involved acted at the direction of a Memphis Police Department policy that violated the civil rights of innocent civilians and caused needless pain to many. Work continues on the civil litigation.”
One officer pleads guilty
On Nov. 2, one of the five fired Memphis Police Department (MPD) officers accused of murdering Tyre Nichols officially pleaded guilty to his federal indictment, the Associated Press reported.
Desmond Mills, Jr. stands charged with excessive force, deliberate indifference, conspiracy to witness tamper and obstruction of justice in a federal indictment that could have resulted in a life sentence with a conviction on all counts. Mills entered his new plea on Thursday.
The plea came in exchange for Mills’ cooperation with prosecutors, who recommended the disgraced former cop serve just 15 years for the brutal killing of Nichols, who was unarmed when the group of all Black officers beat the 29-year-old Black man to death during a pretextual traffic stop earlier this year.
The change in plea is only for the federal case and he is still expected to stand trial for the state murder charges and a federal civil case filed by Ben Crump that he and his four co-defendants — Tadarrius Bean, Demetrius Haley, Emmitt Martin and Justin Smith — are all facing.
Crump and personal injury lawyer Antonio Romanucci welcomed the latest update in the murder case.
“Desmond Mills’ plea today is entirely consistent with our allegations in the civil lawsuit against the City of Memphis. We stand strong in our belief that these officers, including Mills, acted at the direction of a policy that not only violated civil rights of innocent civilians but which caused needless pain to many,” Crump and Romanucci said in a statement mailed to NewsOne. “The MPD and its SCORPION unit directed, trained, and encouraged officers like Mills to commit baseless and horrific acts of violence against innocent individuals like Tyre Nichols. We vigorously restate our assertion that those policies were behind what ultimately caused Mills and four other Scorpion officers to kill Tyre Nichols.”
Trial date set for accused former officers
In September, U.S. District Judge Mark S. Norris set a May 2024 trial date for Bean, Mills, Haley, Martin and Smith, pushing back the start from its original March 2024 target, according to Commercial Appeal.
The ex-cops were federally indicted Sept. 12, each facing four counts of willfully depriving Nichols of his constitutional rights, violating Nichols’ right to be free from a law enforcement officer’s deliberate indifference to his serious medical needs, conspiring to cover up their use of unlawful force by omitting material information, by providing false and misleading information to their supervisor and others, committing an obstruction offense by intentionally omitting material information, and providing false and misleading information to two MPD officers tasked with writing MPD reports about the arrest of Nichols.
The maximum sentence the five former officers face is life in prison, and there is no parole in the federal system.
Judge denies three ex-cops separate trials in state case
Shelby County Criminal Court Judge James Jones Jr. in October rejected requests to have separate trials for Bean, Mills and Smith, whose lawyers argued their clients could not receive a fair trial if they were tried together.
Meanwhile, a $550 million federal lawsuit against the City of Memphis and some of the former police officers accused in a separate instance of alleged police brutality against a different Black man was paused since September “until all the criminal cases are resolved,” the Memphis Commercial Appeal reported.
But that pause came before the federal indictment of the five officers, prompting a defense attorney to seek an indefinite pause for the federal lawsuit.
The ruling came prior to the federal indictment, and defense attorney John Keith Perry said a complete stay in that case should result in a complete stay in the Nichols civil case.
“They’re not the same case, but we think the implications in our case are heightened if the court would undermine the Harris case ruling,” John Keith Perry, the attorney defending Bean, said at the time. “…If you delve into discovery in this case, the court is taking a position that this case is less problematic than the Harris case.”
Ex-cops charged with federal crimes
The five fired MPD officers accused of murdering Nichols were formally indicted in September on federal crimes in addition to the existing state charges for beating the unarmed Black motorist to death in January.
The Justice Department announced that Bean, Mills, Haley, Martin and Smith are now each facing four federal counts of willfully depriving Nichols of his constitutional rights, violating Nichols’ right to be free from a law enforcement officer’s deliberate indifference to his serious medical needs, conspiring to cover up their use of unlawful force by omitting material information, and by providing false and misleading information to their supervisor and to others, and committing an obstruction offense by intentionally omitting material information, and providing false and misleading information to two MPD officers tasked with writing MPD reports about the arrest of Nichols.
“These federal charges reflect the Justice Department’s unwavering commitment to protecting the constitutional and civil rights of every American and preserving the integrity of the criminal justice system,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. “We stand ready to hold law enforcement officers accountable for their misconduct because no one is above the law in our country.”
Civil rights attorney Ben Crump, who represents Nichols’ family, welcomed the federal charges.
“The news today from the United States Justice Department that there will be criminal accountability on the federal level for Tyre’s death gives his family hope as they continue to grieve his loss and inspire change in his honor,” Crump said in a statement ahead of a planned press conference with Nichols’ family. “We applaud AG Garland and Assistant AG Clarke for their tireless efforts to create federal accountability for these officers who were selected to be part of the Memphis Police Department’s SCORPION unit and savagely ended Tyre’s life, setting a critical precedent for accountability and justice.”
Ex-officers seek separate trials
In June, two of the former cops facing murder charges tried to distance themselves from the other defendants in the harrowing brutality case. Bean and Smith had their lawyers file motions seeking separate trials, the Memphis Commercial Appeal reported.
“Bean and Smith never punched or kicked [Nichols], and after he was successfully secured Bean and Smith are seen sitting [Nichols] up and checking on his ability to breathe,” Bean’s attorney claimed in the motion for the accused murderer. “…Video evidence shows that not every officer participated in the arrest with the same conduct. Unfortunately, joint trials may end with a result that weighs all conduct the same, and a less culpable defendant may be unfairly and unduly prejudiced by the actions or evidence related to a more heavily involved co-defendant.”
The motion continued: “The indictment lists charges that allegedly took place at both points of interaction with [Nichols], and the charges are levied against all 5 officers. However, Bean and Mills were over 1 mile away when the initial interaction took place.”
The motion also added: “Such complexity can be daunting to a jury and diminishes their ability to assess each defendant individually. When a case is being tried with multiple defendants who have been charged with multiple offenses, the sheer volume of evidence, along with the arguments for and against each piece of evidence could potentially be a source of confusion.”
Smith’s lawyer made similar claims in his motion.
“The defense of Smith will be prejudiced by including Smith in the trial of the other defendants who may be found to be culpable for conduct that arose at a scene where Smith was not present,” Smith’s motion said in part. “The jury could likely determine that the conduct of other defendants was so culpable and inflammatory that Smith could be found guilty, not based on evidence against Smith, but the evidence against other defendants. Therefore, Smith, as a co-defendant, finds himself in an antagonistic posture with one, some or all of the other co-defendants.”
All five of the defendants stand charged with second-degree murder, two counts of aggravated kidnapping, aggravated assault, two counts of official misconduct and one count of official oppression.
Tyre Nichols’ autopsy results
The official autopsy report for Nichols was shared with the family in May, revealing that he “died of brain injuries from blunt force trauma.” The report also revealed that Nichols’ blood alcohol level was .049, well below the legal limit of .08 in the state of Tennessee. The findings about Nichols’ blood alcohol level contradict first responders’ accounts that Nichols was drunk and high at the time of his death. The autopsy is set to be released to the public soon.
Nationally renowned civil rights and personal injury attorneys Ben Crump and Antonio Romanucci issued a statement following the family of Nichols being briefed on his autopsy results by Shelby County District Attorney Steve Mulroy.
“The legal team representing the family of Nichols acknowledges the release of the medical examiner’s report, the contents of which are highly consistent with our own reporting back in January of this year. We know now what we knew then. Tyre Nichols died from blunt force trauma and the manner of death was homicide. The official autopsy report further propels our commitment to seeking justice for this senseless tragedy.”
On Tuesday, Mulroy decided not to charge Preston Hemphill, one of the former officers who was involved in the incident that ended with Nichols losing his life. Mulroy said he didn’t believe criminal charges were appropriate for Hemphill since he was not at the second scene where officers took turns beating Nichols.
“By no means do we endorse the conduct of Officer Hemphill,” Mulroy said. “Note that the Memphis Police Department did, in fact, take administrative action against Mr. Hemphill…But we do not believe that criminal charges are appropriate. Mr. Hemphill was not present for the initial traffic stop, nor was he present when the other officers removed Mr. Nichols forcibly from his car and put him on the ground…He had to make his decisions based on what he knew, or what he thought was happening, and was following the lead of other officers.”
Although Hemphill wasn’t charged, he is expected to testify in the case.
Family of Tyre Nichols files federal lawsuit
A federal lawsuit was filed in April by Nichols’ family against the city of Memphis and its police department. According to the $550 million suit, the officers who brutally beat Nichols, causing his death, were “unqualified, untrained, and unsupervised” and the beating was the “direct and foreseeable product of the unconstitutional policies, practices, customs, and deliberate indifference of the City of Memphis and its police officials.” The suit also compared Nichols’ beating to the murder of Emmett Till, calling the officers who beat him “a modern-day lynch mob.”
“Unlike Till, this lynching was carried out by those adorned in department sweatshirts and vests and their actions were sanctioned – expressly and implicitly – by the City of Memphis,” the suit said.
Family attorney Ben Crump said the suit should serve as a message to police around the country.
“This landmark lawsuit is not only to get the justice for Tyre Nichols in the civil courts but it is also a message that is being sent to cities all across America who have these police oppression units that have been given the license by city leaders to go in and terrorize Black and brown communities,” said Crump at a news conference.
Ex-Memphis police officers decertified
The four ex-Memphis police officers charged in the death of Nichols will never work as enforcement in the state of Tennessee again.
Last month, the Peace Officer Standards & Training Commission voted to decertify former officers Demetrius Haley, Emmitt Martin and Justin Smith. Former officer Desmond Mills surrendered his certification, which was then approved by the panel.
The vote came after the MPD requested the decertification of seven of the former Memphis officers involved.
According to AP, none of the fired officers attended their hearings with the commission prior to Friday’s vote.
Three officers have yet to have their decertification hearing before the commission and one has retired.
Outrage after officer involved in the death of Tyre Nichols retires
A Memphis police officer who was on the scene when Nichols was brutally beaten by police was allowed to retire before he was expected to be fired.
According to Memphis City Council Vice Chairman JB Smiley, senior officer Lt. DeWayne Smith retired just one day before a disciplinary hearing on the case. Nationally renowned civil rights attorneys Ben Crump and Antonio Romanucci called Lt. Smith’s move to resign before he was held accountable cowardice and urged officials to take action.
“The Nichols family and their legal team are deeply disturbed that Memphis Police allowed and accepted the retirement of Lt. Dewayne Smith, in light of his immediately pending disciplinary hearing for his decisions and behavior related to Tyre Nichols’ death,” the lawyers wrote in a statement. “We believe Lt. Smith was the highest-ranking officer at the scene after the brutal beating, and we’ve seen that Smith observed Tyre’s dire medical condition and did not render or direct immediate medical attention.”
Crump and Romanucci also claim that Smith mishandled the scene and lied to Tyre’s parents after the brutal beating that took his life.
“Further, police reports indicate Smith failed to fully assess the scene, or examine the facts behind the officers’ narrative, which was false,” the lawyers wrote.
“Tyre’s parents believe Smith was one of the first officers who came to their house and told them about Tyre’s beating, said Tyre was involved in a DUI or on drugs, and did not tell them about the severity of the situation or allow them to see their son. In fact, Tyre’s mother asked if she could see her son in the hospital and Lt. Smith told her no. We call for Memphis police and officials to do everything in their power to hold Lt. Smith and all of those involved fully accountable and not allow Lt. Smith to cowardly sidestep the consequences of his actions. His cowardice in resigning and not facing his own disciplinary board to defend himself is not an end-around on accountability or reckoning.”
Judge blocks release of more Tyre Nichols arrest videos
There is outrage after a judge blocked the release of more than 20 hours of additional video evidence from the brutal arrest of Nichols that led to the young Black man’s death in Memphis in January.
The video footage had been scheduled to be released on Wednesday.
The release of the evidence has been delayed indefinitely, according to the court order that said in part: “The release of this information shall be subject to further orders of the court and, in the public interest, will be ordered as soon as practicable.”
The Rev. Al Sharpton, who delivered the eulogy at Nichols’ funeral, described the delay as being unacceptable.
“Delaying the release of this footage is delaying justice for Tyre Nichols and his family,” Sharpton said in a statement emailed to NewsOne. “The first round of body camera footage was disturbing on its own – and should be enough to convict all officers charged with this murder. What else are these cops worried this new footage is going to show?”
Sharpton added: “To tell the public you will release more evidence and then pull it back at the 11th hour only causes more frustration for a city still reeling from this senseless killing.”
The court order was issued on the same day that the U.S. Department of Justice (DOJ) announced it plans to conduct a review of MPD’s policies as they pertain to the use of force, strategies for de-escalating and specialized units like the one involved in Nichols’ brutal arrest.
“In the wake of Tyre Nichols’s tragic death, the Justice Department has heard from police chiefs across the country who are assessing the use of specialized units and, where used, appropriate management, oversight and accountability for such units,” Associate Attorney General Vanita Gupta said in a statement on Wednesday.
One day earlier, the city of Memphis passed five public safety ordinances on data transparency, traffic stops and police oversight, the Memphis Commercial Appeal reported.
Ex-EMT blames the police
Former Memphis EMT Robert Long, who was fired after the fatal beating of Nichols, testified last week in front of the Tennessee Emergency Medical Services Board.
During his testimony, he told the board when arrived on the scene police were “impeding patient care, refusing to free Nichols from his handcuffs in order for him to receive aid.
Long continued to detail his account of events from the Jan. 7 incident which resulted in the death of Nichols. He testified that after arriving on the scene, he did a visual assessment of Nichols and noticed he was beaten pretty badly. When he asked Nichols what happened, Nichols responded, “I want to stand up and be uncuffed.” When Long asked the police what happened, they responded, “He ran from us.”
He then told the board that MPD refused to take the handcuff off Nichols.
“MPD is leaning over the patient in his face saying loudly that the patient is not going anywhere and that they are not going to uncuff him, impeding patient care,” said Long.
Long also told the board that because Nichols was handcuffed, it made it difficult to check his vitals.
Long, his partner JaMichael Sandridge and another EMT Lt. Michelle Whitaker, were all fired for their inaction in response to the brutal beating of Nichols.
A fourth Memphis Fire Department employee is also under investigation.
Memphis Chief Legal Officer Jennifer Sink confirmed the investigation to reporters last month but says her staff hasn’t decided on the consequences the employee may face.
According to AP, Sink also said the employee arrived on the scene a lot later than others “and provided medical care and transported Mr. Nichols to the hospital.”
The name of the employee hasn’t been released to the public, but Sink reassured reporters she was taking the “situation very seriously.”
“We are doing a very thorough investigation because we want to make sure that everybody understands what their role is and what the expectations are for them in a situation like this,” said Sink.
“Some of them are minor players and some of them are major players. But everybody had a role, and they’re expected to perform that role in accordance with policies or training and our expectations.”
Accused murderers have their day in court
The five former police officers accused of murdering Nichols are scheduled to be in a Memphis courtroom on Friday, making it their first appearances before a judge in the case, the Associated Press reported.
Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith, who were all charged with second-degree murder for Nichols’ death, are expected to be in Shelby County Criminal Court with their lawyers more than three weeks after they were fired for their violent roles stemming from a traffic stop Jan. 7. Nichols died from his injuries Jan. 10.
All five men are Black and have also been charged with aggravated assault, aggravated kidnapping, official misconduct and official oppression.
Their court appearances follow two other Memphis police officers who were suspended without pay after it was revealed they tried to conceal their roles in the traffic stop.
The Shelby County Sheriff’s Office announced in a press release Wednesday that Johntavious Bowers and Jeremy Watkins, who have been deputies since June 2021, were suspended without pay for five days after an administrative investigation into their conduct. The sheriff’s office said both Bowers and Watkins “appeared on the scene following the physical confrontation” on Jan. 7 between Memphis police officers and Nichols, who died from his injuries in a local hospital three days later.
A “thorough review of the circumstances” determined that the two deputies violated several regulations, the sheriff’s office said. Both Bowers and Watkins violated radio communication procedures, mobile video recording system procedures as well as patrol field job duties and responsibilities. Watkins also violated a fourth regulation: operational responsibility of daily activity log at 201 Poplar, according to the sheriff’s office.
The suspensions indicate the investigation is ongoing and possibly widening as the fallout affects other city agencies.
Firefighters union defends personnel involved in traffic stop
The head of the Memphis Fire Fighters Association recently backed the EMTs who were fired after the tragic death of Nichols at the hands of police.
According to AP, Thomas Malone, the head of the union, said the employees who arrived on the scene the night Nichols was brutally beaten weren’t given enough information as they responded to the call for medical help.
“Our members were not given adequate information upon dispatch or upon arrival of the scene,” Malone wrote in a letter to city councilmembers. “Quite frankly, there was information withheld by those already on the scene which caused our members to handle things differently than they should have.”
Malone also defended the entire fire department, assuring that its employees “serve this city and its citizens with purpose and intent each and every day.”
Three fire department employees were fired and 13 police officers have been disciplined after the death of Nichols. Five former police officers have been charged with murder.
Former officer says he used proper training during Tyre Nichols’ arrest
One of the former officers involved in the traffic stop and deadly beating of Tyre Nichols says he believed he used proper department training and tactics during Nichols’ arrest.
During an MPD hearing, which took place after Nichols’ death, ex-officer Justin Smith said he believed he handled Nichols’ arrest by the book.
“It is my contention that I personally utilized the training and defensive tactics provided to me as a Memphis police officer in attempting to handcuff (Nichols),” Smith wrote in the statement.
Smith’s written statement came as a part of MPD’s internal investigation and was obtained by the Memphis Commercial Appeal through a public records request.
Smith also never mentioned the use of punches, kicks or baton strikes in his description of events. He also “categorically” denied “utilizing any defensive weapons other than OC spray (pepper spray).”
But body camera footage seems to contradict Smith’s statement.
Since Nichols’ death, other community members who had encounters with Memphis Police are coming forward.
According to AP, Monterrious Harris, 22, filed a lawsuit on Tuesday, accusing the same officers who murdered Nichols, of violating his rights during a similarly violent arrest three days before Nichols’ arrest.
According to the lawsuit, Harris’ car was “swarmed by a large group of assailants wearing black ski-masks, dressed in black clothing, brandishing guns, other weapons, hurling expletives and making threats to end his life if he did not exit his car.”
Harris believed he was being robbed and tried to back up his car before hitting something.
The lawsuit also stated that once Harris got out of the vehicle he was “grabbed, punched, kicked, and assaulted” for up to two minutes.”
The suit also accuses officers of fabricating evidence to support charges against Harris, including being a convicted felon in possession of a handgun, criminal trespass and evading arrest.
Memphis City Council discusses departmental reforms
According to CNN, the meeting was conducted by the council’s Public Safety and Homeland Security Committee. The unit assessed 11 proposals including an “ordinance to establish a procedure for an independent review of police training; an ordinance to clarify “appropriate” ways of conducting traffic stops” and “an ordinance to require police only to make traffic stops with marked cars.”The council, which is made up of 13 members, was led by chairman Martavius Jones.
During the meeting, officials said that seven other officers could face discipline for Nichols’ death. The officers will receive an internal “statement of charges,” a document that will notify them of policy violations, according to City Attorney Jessica Sink. A hearing and a written decision will follow.
What happened to Tyre Nichols?
Nichols died on Jan. 10, three days after he was pulled over at a traffic stop for “reckless driving.” Authorities said the incident occurred shortly after six officers from the department walked over to the young motorist’s vehicle and demanded he step out of the car.
Bodycam footage captured Preston Hemphill, the only white officer present during the fatal arrest, grabbing Nichols out of the vehicle before he was forced to the ground and given conflicting demands. Hemphill fired a stun gun at Nichols after he managed to escape from the police.
Sadly, the five Black officers caught the young motorist just steps away from his mother’s home. As they fought to detain the father of one, officers used a baton to beat him repeatedly. They used pepper spray and kicked him several times during the violent arrest. Nichols, an aspiring photographer, succumbed to his injuries three days later.
Since the arrest, Memphis Police Chief C.J. Davis said her office has found no proof to substantiate claims of Nichols’ “reckless driving.”
On Feb. 1, an emotional funeral service was held to honor Nichols’ life and legacy at the Mississippi Boulevard Christian Church in Memphis. Social justice activist Tamika Palmer, Vice President Kamala Harris and Rev. Al Sharpton were some of the notable figures that attended the tearful service.
Before his death, Nichols had worked with his stepfather at FedEx for about nine months, his family said. Relatives described the young motorist as an avid skateboarder who loved photographing sunsets and spending time with his mother.
What happened to the officers involved?
Shortly after the brutal arrest video surfaced, the five Black officers involved — Bean, Haley, Martin III, Mills and Smith — were fired and charged with second-degree murder, official misconduct and official oppression.
Hemphill was also terminated from the department for making several violations, including “personal conduct, truthfulness, compliance with regulations concerning a taser and compliance with regulations concerning equipment and inventory,” according to a tweet posted by MPD on Feb. 3.
All the officers were part of a specialized unit called the SCORPION unit. It was swiftly disbanded after news of Nichols’ death made headlines.
Who else was held responsible for Nichols’ death?
Three emergency medical technicians and another lieutenant were fired for failing “to conduct an adequate patient assessment” of Nichols after they arrived at the scene to find Nichols battered and bruised. Authorities said officials waited over 20 minutes to render aid to the young Memphis resident before calling medical assistance.
SEE ALSO:
DOJ To Participate In Independent Review Of Memphis P.D. After Tyre Nichols’ Deadly Attack
Black Caucus Meets With White House On Police Reform In Wake Of Tyre Nichols Murder
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