A federal jury has reached a mixed verdict against three former Memphis police officers charged in the beating death of Tyre Nichols.
The jurors began deliberating earlier Thursday before reaching their verdict Thursday afternoon.
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.
A photo of Tyre Nichols is displayed outside the sanctuary during church service at Mt. Olive Cathedral CME Church on January 29, 2023 in Memphis, Tennessee.
Joshua Lott/The Washington Post via Getty Images, FILE
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. They were also charged with conspiracy to witness tamper and obstruction. The officers pleaded not guilty to all charges.
All three were found guilty of obstruction.
Haley was also found guilty of conspiracy to witness tamper and the lesser charges of bodily injury and deprivation of rights resulting in bodily injury.
Their sentencing has been scheduled for Jan. 22, 2025.
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 Wednesday 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.
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.
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
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.