Three former Memphis officers were convicted Thursday of charges of witness tampering in the 2023 fatal beating of Tyre Nichols, and two were acquitted of federal civil rights violations in a death that sparked national protests and calls for broad changes in policing.
After a nearly monthlong trial, a jury found Tadarrius Bean, Demetrius Haley and Justin Smith guilty of witness tampering.
Haley was acquitted of violating Nichols’ civil rights causing death, but convicted of the lesser charge of violating his civil right causing bodily injury.Bean and Smith were acquitted of all civil rights charges.
This is a breaking news update. Below is previous coverage.
A jury has reached a verdict in the federal trial against three former Memphis police officers charged in the beating death of Tyre Nichols.
The jurors began deliberating earlier Thursday.
Nichols was beaten after running away during a traffic stop in January 2023 in Memphis and died three days later. Prosecutors argued that the officers wanted to punish him for fleeing, while defense attorneys said they were following department policy.
Demetrius Haley, Justin Smith and Tadarrius Bean were charged with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. The charges carry a maximum penalty of life in prison if convicted, according to the U.S. Department of Justice. The officers pleaded not guilty to all charges.
Emmitt Martin III and Desmond Mills Jr., the two other officers also charged in this case, have pleaded guilty to some of the federal charges and testified during the weekslong trial.
Federal prosecutor Kathryn Gilbert said during her closing arguments that the officers laughed and bragged about beating Nichols and did not call medics to the scene because they wanted to get away with what they did and protect themselves.
“They wanted it to be a beatdown,” Gilbert told the jury of the three former officers.
“You are what stands between them and getting away with it,” she added.
This combo of booking images provided by the Shelby County, Tenn., Sheriff’s Office shows, from left, Tadarrius Bean, Demetrius Haley and Justin Smith.
Shelby County Sheriff’s Office via AP
John Perry, Bean’s attorney, argued during his closing remarks that the force his client used during the interaction with Nichols was “not excessive.”
Both Perry and Haley’s attorney, Stephen Leffler, argued during closing arguments that their clients did not violate the policies of the Memphis Police Department.
Leffler admitted that Haley said “beat that man” and delivered a kick to Nichols, but he said “beat that man” was just a verbal command and not a physical encounter.
Smith’s lawyer, Martin Zummach, said during his closing remarks that Smith did not see Martin and Haley kick Nichols because he was blinded by pepper spray and was scared. Zummach argued Smith did not cover up “excessive force” and said that Smith reported the kicks to his supervisor.
“He is not perfect but imperfection is not a crime,” Zummach said.
The three former officers on trial did not testify.
Both Martin and Mills testified for the government during the trial about the beating.
Martin said he was angry Nichols ran during the traffic stop. “I wanted some kind of revenge. I was seeing red,” he said.
He admitted to kicking and punching Nichols multiple times. The former officer, who was captured tossing his body camera, said he was unaware of a Skycop camera recording the incident above them until he saw it on the news, according to WATN, the ABC affiliate in Memphis that covered the case in the courtroom.
Mills testified that he was angry he accidentally sprayed himself with pepper spray, and therefore used excessive force on Nichols, according to WATN.
He broke down in tears on the stand at one point.
“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much,” said Mills, crying during his testimony, according to WATN. “It felt bad every time the picture is on the screen to know I’m a part of that. I made his child fatherless. I’m sorry. I’m sorry. I know ‘sorry’ won’t bring him back, but I pray his child has everything he needs growing up.”
Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records.
Body camera footage shows Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition.
Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.
The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
The five former officers charged in the case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
The Associated Press contributed to this report.
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