3 ex-Memphis officers in Tyre Nichols trial get verdict of not guilty in state court
Three former Memphis officers were acquitted Wednesday of all state charges, including second-degree murder, in the fatal beating of Tyre Nichols after he ran away from a traffic stop, a death that sparked nationwide protests and prompted renewed calls for police reforms in the U.S.
An out-of-town jury from a majority-White county took about 8 1/2 hours over two days to find Tadarrius Bean, Demetrius Haley and Justin Smith not guilty on all charges after a nine-day trial in state court in Memphis, which is majority-Black. After the jury's verdict was read, the defendants hugged their lawyers as relatives of the former officers cried. One relative yelled, "Thank you, Jesus!"
Martin Zummach, Smith's attorney, told The Associated Press by text: "It's easy to defend a good person. It's nerve racking to represent an innocent man."
The three defendants still face the prospect of years in prison after they were convicted of federal charges, though they were acquitted of the most serious charges there, too. Two other former officers previously pleaded guilty in both state and federal court, including Emmitt Martin, who defense attorneys blamed for the majority of the violence.
Bean and Smith are out on bond and under house arrest after their federal convictions. Haley is being held in federal prison.
Nichols, a 29-year-old Black man, fled a traffic stop after he was yanked out of his car, pepper-sprayed and hit with a Taser. The five officers, who are also Black, caught up with him and punched, kicked and hit Nichols with a police baton, struggling to handcuff him as he called out for his mother just steps from his home. Nichols died Jan. 10, 2023, three days after the beating.
Footage of the beating captured by a police pole camera also showed the officers milling about, talking and laughing as Nichols struggled with his injuries. The video prompted intense scrutiny of police in Memphis.
Civil rights attorney Ben Crump, who represents Nichols' family, issued a statement expressing outrage at the trial.
"Today's verdicts are a devastating miscarriage of justice," the statement reads. "The world watched as Tyre Nichols was beaten to death by those sworn to protect and serve."
Memphis District Attorney Steve Mulroy said he respects the jury but thinks the evidence was there for every charge that prosecutors brought.
"Was I surprised that there wasn't a single guilty verdict on any of the counts or any of the lesser-included offenses, given the overwhelming evidence that we presented? Yes, I was surprised. Do I have an explanation for it? No," he said.
He said he spoke to Nichols' family briefly and, "They were devastated. ... I think they were outraged, and we can understand why they would be outraged, given the evidence."
Former Memphis officers Desmond Mills Jr. and Martin, who were also involved in the beating, did not stand trial in state court after they agreed to a plea deal with prosecutors. They also pleaded guilty in federal court, where sentencing for all five officers is pending.
Mulroy referred to Martin and Mills in his comments after Wednesday's verdict, telling reporters that the two defendants who he said were "most culpable" in the case weren't in the courtroom.
"That doesn't mean that the remaining three defendants weren't culpable," he said. As for the acquittal, the DA said, "It's hard to get inside the mind of the jury."
At trial, defense attorneys emphasized that Martin kicked and punched Nichols several times in the head.
The defense also seemed to score points with their use-of-force experts, who testified that the three officers on trial acted in compliance with police department policies and widely accepted law enforcement standards. Attorneys for Bean and Smith called character witnesses who testified that the men were good officers who did their job the right way.
Mills testified for the prosecution, saying he regrets his failure to stop the beating, which led to Nichols' death from blunt force trauma. Nichols suffered tears and bleeding in the brain, Dr. Marco Ross, the medical examiner who performed the autopsy, said in court testimony.
The three officers had been charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression. In addition to beating Nichols, prosecutors also said the officers failed to intervene and failed to tell medical personnel that Nichols had been hit repeatedly in the head.
Mills acknowledged on the stand that he had a duty to intervene, but didn't. He admitted Nichols never punched or kicked any of the officers.
But Mills also bolstered the defense's case when he said Nichols was actively resisting arrest and not complying with orders to present his hands to be cuffed. Under cross-examination, he indicated he would not have struck Nichols if Nichols had put his hands behind his back. He also agreed that an officer is not safe until a suspect is handcuffed and searched for a weapon.
Zummach noted in closing arguments that credit and debit cards that did not belong to Nichols were found in his car when it was searched after the beating and said it was likely why Nichols ran from the traffic stop. Defense lawyers have argued that the fatal beating would not have taken place if Nichols had just allowed himself to be handcuffed.
"This is Emmitt Martin's and Tyre Nichols' doing," Zummach said.
The jury for the state trial was chosen in Hamilton County, which includes Chattanooga, after Judge James Jones Jr. ordered the case be heard from people outside of Shelby County, which includes Memphis. Defense lawyers for the officers had argued that intense publicity made seating a fair jury difficult.
Defense lawyers also claimed Bean and Smith could not see the strikes to Nichols' head because they were blinded by pepper spray and they had tunnel vision as they tried to restrain Nichols.
But prosecutors sowed doubt on that claim by pointing to comments the defendants made after the beating. According to footage from the scene, Bean said Nichols was "eating" the blows and Smith said they hit Nichols with "so many pieces," or punches. Smith also said "hit him" and Haley said "beat that man," prosecutor Tanisha Johnson said.
In December, the U.S. Justice Department said a 17-month investigation showed the Memphis Police Department uses excessive force and discriminates against Black people.
The five officers, the city of Memphis and the police chief are being sued by Nichols' family for $550 million. A trial has been scheduled for next year.
