By Adrian Sainz
Associated Press
MEMPHIS, Tenn. — Three former Memphis officers were acquitted Wednesday of state charges, including second-degree murder, in the death of Tyre Nichols after he fled a traffic stop in 2023.
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!”
The three defendants still face the prospect of years in prison after they were convicted of federal charges last year.
Nichols fled a traffic stop after he was pepper-sprayed and hit with a TASER. Five officers caught up with Nichols after a foot pursuit and struck him repeatedly. Nichols died Jan. 10, 2023, three days after the incident.
Prosecutors argued the officers’ actions were driven by 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 incident, 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 hitting and tell medical personnel that Nichols had been hit repeatedly in the head, but they failed to do so.
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 argued that the incident escalated because Nichols fled and resisted handcuffing. Prosecutors, however, maintained that the force used was disproportionate and not justified by the circumstances.
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.