Three former Memphis police officers were acquitted on Wednesday of all state charges, including second-degree murder, in the fatal beating of Tyre Nichols after he fled a traffic stop, a death that sparked nationwide protests and renewed calls for police reform in the United States.
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 following a nine-day trial in Memphis’s majority-Black state court. After the jury’s verdict was read, the defendants hugged their lawyers, while relatives of the former officers sobbed. One relative exclaimed, “Thank you, Jesus!”
Smith’s attorney, Martin Zummach, told The Associated Press via text: “It’s easy to defend a good person. It’s nerve-racking to defend an innocent man.”
The three defendants face years in prison after being convicted of federal charges, despite being acquitted of the most serious charges. Two other former officers pleaded guilty in state and federal courts, including Emmitt Martin, whom defense attorneys blamed for the majority of the violence.
Bean and Smith are out on bond and under house arrest following their federal convictions. Haley is being held in a federal prison.
Nichols, a 29-year-old Black man, fled a traffic stop after being yanked out of his car, pepper sprayed, and Tasered. The five Black officers 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 away from his home. Nichols died on January 10, 2023, three days after the beating.
A police pole camera captured footage of the beating, which showed officers milling about, talking and laughing as Nichols struggled with his injuries. The video prompted intense scrutiny of Memphis police.
Civil rights attorney Ben Crump, who represents Nichols’ family, issued a statement condemning the trial.
“Today’s verdicts are a devastating miscarriage of justice,” the statement says. “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 believes there was sufficient evidence to support each charge brought by prosecutors.
“Was I surprised that there was no guilty verdict on any of the counts or lesser-included offenses, despite the overwhelming evidence that we presented? Yes, I was surprised. Do I have an explanation for this? “No,” he replied.
He said he spoke briefly with Nichols’ family, who were “devastated.” I believe they were outraged, which is understandable given the evidence.
Former Memphis officers Desmond Mills Jr. and Martin, who were also involved in the beating, did not face trial in state court after reaching a plea agreement with prosecutors. They also pleaded guilty in federal court, and all five officers’ sentences are pending.
Mulroy referred to Martin and Mills in his comments following Wednesday’s verdict, telling reporters that the two defendants he described as “most culpable” in the case were not present.
“That doesn’t mean that the remaining three defendants weren’t culpable,” he replied. Regarding the acquittal, the DA stated, “It’s difficult to get inside the mind of the jury.”
During the trial, defense attorneys emphasized that Martin kicked and punched Nichols several times in the head.
The defense also appeared to gain points with their use-of-force experts, who testified that the three officers on trial followed police department policies and widely accepted law enforcement standards. Bean and Smith’s attorneys called character witnesses, who testified that the men were good officers who did their jobs properly.
Mills testified for the prosecution, saying he regrets failing to stop the beating that resulted in Nichols’ death from blunt force trauma. Dr. Marco Ross, the medical examiner who performed the autopsy, testified in court that Nichols had tears and bleeding in his brain.
The three officers were charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct, and oppression. In addition to beating Nichols, prosecutors claim the officers failed to intervene and failed to notify medical personnel that Nichols had been repeatedly hit in the head.
Mills admitted on the stand that he had a responsibility to intervene, but did not. He admitted that Nichols never punched or kicked one of the officers.
However, Mills bolstered the defense’s case by stating that Nichols was actively resisting arrest and refusing to present his hands to be cuffed. Under cross-examination, he stated that he would not have struck Nichols if Nichols had placed his hands behind his back. He also acknowledged that an officer is not safe until a suspect is handcuffed and searched for a weapon.
Zummach stated in closing arguments that credit and debit cards that did not belong to Nichols were discovered in his car when it was searched following the beating, which is likely why Nichols fled the traffic stop. Defense attorneys have argued that the fatal beating would not have occurred if Nichols had simply allowed himself to be handcuffed.
“This is Emmitt Martin’s and Tyre Nichols’ doing,” Zummach said.
The jury for the state trial was selected in Hamilton County, which includes Chattanooga, after Judge James Jones Jr. ordered that the case be heard from people other than Shelby County, which includes Memphis. Defense lawyers for the officers argued that the high level of publicity made it difficult to seat a fair jury.
Bean and Smith, according to defense lawyers, were blinded by pepper spray and had tunnel vision while attempting to restrain Nichols, so they could not see the strikes to his head.
However, prosecutors called into question that claim by citing comments made by the defendants following the beating. According to video footage from the scene, Bean claimed Nichols was “eating” the blows, while Smith claimed they hit him with “so many pieces,” or punches. Smith also said “hit him” and Haley said “beat that man,” according to prosecutor Tanisha Johnson.
The United States Justice Department announced in December that a 17-month investigation had revealed that the Memphis Police Department uses excessive force and discriminates against Black people.
The Nichols family is suing the five officers, the city of Memphis, and the police chief for $550 million. A trial is scheduled for next year.