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MEMFIS, Tenn. (AP) — Three former Memphis officers were acquitted Wednesday on all state charges, including second-degree murder, of fatal assault on TyreNichols after fleeing a traffic stop.
Out-of-town ju-degrees in the majority white county took about eight and a half hours in two days, and Tadarius Bean, Demetrius Haley and Justin Smith were not innocent of all charges after a nine-day trial in state court in Memphis. After the ju-search verdict was read, the defendant hugged the lawyer as the parent of a former officer. Outside the courtroom, a relative cried out, “Thank you, yes!”
Smith’s attorney, Martin Zumach, told The Associated Press in a textbook:
The three defendants still face a year outlook in prison after being convicted of federal charges, but were also acquitted of the most serious charges there. The other two former officers have pleaded guilty earlier in both state and federal courts, including Emmit Martin, whose defense attorneys condemned most of the violence.
Bean and Smith are detained and under house arrest after a federal conviction. Haley is being held in federal prison.
Nichols, a 29-year-old black man, escaped a traffic stop after being pulled from the car, scattered peppers and smashed them with a taser. Five officers, who were black, caught up with him, punched, kicked and hit him with the police baton. Nichols passed away on January 10th, 2023, three days after beating.
Footage of the be-hit caught on police pole cameras showed officers discussing and laughing as Nichols is suffering from his injuries.
Ben Crump, a civil rights lawyer representing Nichols’ family, issued a statement expressing his anger at the outcome of the trial.
“Today’s verdict is a catastrophic miscarriage of justice,” the statement reads. “We saw a world where Tyre Nichols was sworn in and watched die by those sworn in to serve.”
Memphis District Attorney Steve Malroy said he respects the Ju Court, but believes that the evidence is there for any charges brought by the prosecutor.
“Given the overwhelming evidence that we presented, did I be surprised that there was no single conviction for either counting or comprehensive crime, given the overwhelming evidence that we presented?
He briefly spoke to Nichols’ family, saying, “They were devastated. …I think they were furious, and I think they’re given evidence and I can understand why they’re furious.”
The defense attorney said Martin is the most responsible for the violence.
Former Memphis officers Desmond Mills Jr. and Martin were also involved in the assault, but were not brought to trial in state court after agreeing to a plea agreement with prosecutors. They also pleaded guilty in federal court pending the sentences of all five officers.
At the trial, the defense attorney emphasized that Martin kicked Nicole several times in his head and punched him.
The defense also appeared to have scored points with their expert experts. He testified that three officers at the trial acted in accordance with police department policies and widely accepted law enforcement standards. Bean and Smith’s lawyers called the character’s witness who testified that the man was a good officer who did the job the right way.
Mills testified about the prosecutor, saying he regretted not stopping the assault, which led to Nichols’ death from blunt trauma. Nichols suffered tears and bleeding in his brain, Dr. Marco Ross, a medical inspector who conducted the autopsy, said in court testimony.
The officer was charged with second-degree murder, worsening attacks, worsening enticement, official misconduct and official repression. In addition to defeating Nichols, prosecutors also said officers failed to intervene and to tell medical personnel that Nichols had been repeatedly attacked in his head.
The defense claimed that Nichols was resisting arrest.
Mills admitted he had an obligation to intervene in the stands, but that was not the case. He admitted that Nichols never punched or kicked officers.
However, Mills also stepped up the defence case when he said Nichols was actively resisting arrest and not following orders to cuff his hands. Under cross-examination, he pointed out that if Nichols had his hands behind his back he would not have hit Nichols. He also agreed that officers were not safe until the suspect was handcuffed and searched for the weapon.
Zummach said that credit and debit cards that did not belong to Nichols were found in his car when they were searched after be hit, and that was the reason why Nichols ran from a traffic stop. The defense attorneys allege that if Nichols allowed him to handcuffs, no fatal assault would have occurred.
“This is what Emmitt Martin and Tyre Nichols do,” Zumach said.
A ju judge for the state trial was selected in Hamilton County, including Chattanooga, after Judge James Jones Jr. heard the lawsuits from people outside of Shelby County, including Memphis. The officer’s defense attorneys alleged that the fierce publicity made fair ju judges difficult.
In December, the U.S. Department of Justice said a 17-month investigation showed that the Memphis Police Department was using excessive force and discriminating against black people.
Five officers, the city of Memphis and the police chief are sued for $550 million by Nichols’ family. A trial is scheduled for next year.
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Associated Press reporters Jonathan Mattis and Travis Lorler contributed to the report.
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