By ADRIAN SAINZ
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, which appeared to be all white, 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!”
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.
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 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 and the incident directed intense scrutiny of police in Memphis, a majority-Black city.
Footage of the beating captured by a police pole camera also showed the officers milling about, talking and laughing as Nichols struggled.
Civil rights attorney Ben Crump, who represents Nichols’ family, issued a statement expressing outrage at the verdict.
“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. 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.”
Prosecutors said the officers beat Nichols out of frustration
Former Memphis officer Desmond Mills Jr., who was also charged in Nichols’ death, testified as a prosecution witness.
Mills and another officer involved in the beating, Emmitt Martin, 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.
The officers had been charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression.
The officers were accused of using unnecessary force during the arrest of Nichols. They were frustrated, angry and full of adrenaline after Nichols fled the traffic stop, prosecutor Paul Hagerman said in opening statements.
They were “overcome by the moment,” the prosecutor said.
“Nobody is going to call them monsters,” Hagerman said. “It doesn’t take monsters to kill a man.”
Prosecutors argued that the officers used excessive, deadly force in trying to handcuff Nichols and were criminally responsible for each others’ actions. They also said the officers had a duty to intervene and stop the beating and tell medical personnel that Nichols had been hit repeatedly in the head, but they failed to do so.
Defense attorneys said Martin was responsible for the most violence
Defense attorneys attempted to refute accusations that the officers used excessive force to subdue Nichols and followed police policies and standards. Defense attorneys have said the officer who acted with the most violence was Martin, who kicked and punched Nichols several times in the head but is not standing trial.
The defense also seemed to score points with their use-of-force experts, who testified that 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 men and officers who did their job the right way.
Mills testified that 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.
As Nichols struggled with Bean and Smith, who were holding him on the ground, Mills tried to pepper-spray Nichols, but he ended up spraying himself, he said.
After stepping away to try to recover, Mills then walked up to Nichols and hit his arm three times with a police baton. Mills told prosecutor Paul Hagerman that he hit Nichols with the baton because he was angry over the pepper spray.
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.
During the trial, defense attorney John Keith Perry asked Mills if he would have struck Nichols with the baton if Nichols had just put his hands behind his back. Mills said no.
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. Nichols was not searched before he ran from the traffic stop.
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.
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