Three former Memphis officials charged in all states Wednesday, including second-degree murder, after driving out of traffic stops in January 2023.
Jury jury from most white counties spent about eight and a half hours in two days and found that all charges were not guilty of any charges after Tadarrius Bean, Demetrius Haley and Justin Smith held a nine-day trial in Memphis state court, which was the majority. After reading the jury's verdict, the defendant hugged his attorney as a relative of the former official. Outside the court, a relative shouted, “Thank you Jesus!”
“It's easy to defend a good person. It's a nerve to represent an innocent person,” Smith's attorney Martin Zummach told the Associated Press.
The three defendants still face the prospect of years in prison after being convicted of federal charges last October, even though they were also sentenced to the worst charges there. Two other former officials have previously pleaded guilty in state and federal courts, including Emmitt Martin, whose defense attorneys blame most of the violence.
Bean and Smith were arrested by Bond and the House of Representatives after federal convictions. Hayley was held in federal prison.
Nichols, a 29-year-old black man, fled traffic after he was pulled out of the car, pepper sprayed and hit a Taser. Five other black officers caught up with him, beat him with batons, kicked and hit him. They tried to handcuff Nichols when he called his mother, who was only a few steps away from home. Nichols died on January 10, 2023, three days after the assault.
The footage of the assault captured by the police pole camera also showed police talking and laughing as Nichols struggled with his injuries, which caused a rigorous scrutiny from the Memphis police.
Tire Nichols Family “Destroy”
Ben Crump, a civil rights lawyer representing the Nichols family, issued a statement expressing anger at the trial.
“Today's judgment was a devastating judicial abortion,” the statement said. “The world watched Tire Nichols beaten to death by those who took oath and served.”
Memphis District Attorney Steve Mulroy said he respected the jury but believed there was evidence for every charge raised by the prosecutor.
“I was surprised that there was no criminal verdict on any charge or any minor offence given the overwhelming evidence we showed? Yes, I was surprised. Do I have an explanation?
He said he briefly spoke to Nichols' family, “They were destroyed. … I think they were angry and we can understand why they were angry, given the evidence.”
Former Memphis officials Desmond Mills Jr. and Martin were also involved in the assault and were not tried in state court after agreeing to a plea agreement with prosecutors. They also pleaded guilty in federal court, with all five officers under trial.
During the trial, defense attorneys stressed that Martin kicked Nichols several times in the head.
The defense also appeared to have scored with their mandatory use experts, who testified that the three officials at the trial complied with police department policies and widely accepted enforcement standards. Bean and Smith's lawyers called up role witnesses, who testified that these men were good officers and they did the job the right way.
Mills testified the prosecution, saying he regretted not being able to stop the assault, which resulted in Nichols' death from blunt force trauma. Dr. Marco Ross, a medical examiner who performed the autopsy, said in court testimony.
The officer was charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression. In addition to defeating Nichols, prosecutors also said officers failed to intervene and did not tell medical staff that Nichols had hit Nichols several times.
Mills acknowledged that he had a responsibility to intervene, but did not intervene. He admitted that Nichols never beat or kicked any officers.
However, Mills said Mills also supported the defense case when he said Nichols actively resisted the arrest and did not comply with the orders of cufflinks. After cross-examination, he said that if Nichols put his hand behind his back, he would not hit Nichols. He also agreed that the officers were safe until the suspect was handcuffed and searched for weapons.
Zummach pointed out in the ending argument that during the search after the assault, credit and debit cards that did not belong to Nichols were found in his car, which is likely why Nichols came from a traffic stop. Defense attorneys argued that a fatal assault wouldn't have happened if Nichols allowed himself to be handcuffed.
Jury selected from Hamilton County
Hamilton County, including Chattanooga, selected a jury for the state trial after James Jones Jr.
Officials’ defense attorneys argued that intense publicity made the seat a fair jury.
Prosecutor Paul Hagerman told reporters outside the court that the Chattanooga area was selected as the jury option after the city showed in a study that the city had the least amount of pre-trial publicity among the largest cities in Tennessee.
The U.S. Department of Justice said in December that the investigation showed that the Memphis Police Department used too much force and discriminated against black people.
Five officers, the city of Memphis and the Innichols family sued for $550 million. The experiment is planned next year.
