MEMPHIS, Tenn. (AP) — Three former Memphis officers were acquitted Wednesday of 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.
A jury 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. 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 last year, though they were acquitted of the most serious charges then, 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.
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. Five officers who are also Black caught up with him and punched, kicked and hit him with a police baton, struggling to handcuff Nichols 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, video that prompted intense scrutiny of police in Memphis, a majority-Black city.
Civil rights attorney Ben Crump, who represents Nichols’ family, issued a statement expressing outrage at the outcome of 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 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.”
Defense attorneys said Martin was responsible for the most violence
Former Memphis officers Desmond Mills Jr. and Martin, who were also involved in the beating, have agreed to plead guilty to the state charges and did not stand trial under deals with prosecutors. They also pleaded guilty in federal court, where sentencing for all five officers is pending.
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 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 to stop the beating and failed to tell medical personnel that Nichols had been hit repeatedly in the head.
The defense argued that Nichols was resisting arrest
Mills acknowledged on the stand that he had a duty to intervene to stop the beating, but didn’t. But Mills also said Nichols was actively resisting arrest and not complying with orders to present his hands to be cuffed. He indicated he would not have struck Nichols if Nichols had put his hands behind his back.
Martin Zummach, Smith’s attorney, asked Mills if an officer is safe if a suspect is not handcuffed and searched for a weapon. Mills said they were not safe in that circumstance.
Mills acknowledged that the officers were afraid and exhausted, but said some of the methods used on Nichols complied with police department policies, including using wrist locks and hitting with a baton.
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 defense also suggested Nichols was on drugs, giving him the strength to fight off five strong officers. Some mushrooms containing the hallucinogenic psilocybin were also found in his car, a TBI agent testified. However, a toxicology report showed Nichols only had alcohol and a small amount of marijuana in his system.
Mills admitted Nichols never punched or kicked any of the officers.
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.
Adrian Sainz, The Associated Press
