MEMPHIS, Tenn. (AP) — Three of five former Memphis, Tennessee, police officers were acquitted by a jury Wednesday on all state charges including second-degree murder in the January 2023 fatal beating of Tyre Nichols. The other two ex-officers previously agreed to plead guilty to the state charges.
The acquittals are the most recent development in the case, which come after the same three officers were convicted of at least one crime in federal court and the two others pleaded guilty.
Nichols, a 29-year-old Black man, ran from a traffic stop after officers yanked him out of his car, pepper-sprayed him and used a Taser on him. The five officers, who are also Black, chased down Nichols and punched, kicked and hit him with a police baton, struggling to handcuff him as he called out for his mother just steps from his home. Nichols died three days later, sparking nationwide protests and renewed calls for police reforms in the U.S.
The five officers — Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills Jr. and Justin Smith — were part of a crime suppression team called the Scorpion Unit that was disbanded after Nichols’ death. The team targeted illegal drugs and guns and violent offenders to amass arrests, while sometimes using force against unarmed people. All of the officers were fired after the beating, charged in state court with murder, and indicted by a federal grand jury on civil rights and witness tampering charges.
Here’s a look at each former officer’s role in the beating and status related to the court cases.
Tadarrius Bean
Bean tackled Nichols from behind as Nichols ran away from officers and toward his nearby home. Bean then held Nichols on the ground while other officers struck Nichols. According to footage from the scene, Bean said Nichols was “eating” the blows.
Bean was acquitted Wednesday of state charges including second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression. He was convicted last year on a federal charge of witness tampering related to the cover-up of the beating. He was acquitted of federal civil rights charges of using excessive force and being indifferent to Nichols’ serious injuries.
Demetrius Haley
Haley was one of the officers who pulled Nichols out of his car and onto the ground. Haley also kicked him and said “beat that man,” according to prosecutors. Haley wrote in his response to resistance form that Nichols “ignored all directives” to get out of the car and that Nichols was “swinging his arms” and cursing at the officers. But body worn camera footage shows Nichols was immediately yanked from the vehicle by officers, while the officers are swearing and shouting and threatening to shock Nichols with a Taser.
Haley was acquitted Wednesday of state charges including second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression. In federal court, Haley was convicted of witness tampering related to the cover-up of the beating, as well as violating Nichols’ civil rights by causing bodily injury. He was also convicted of a conspiracy to witness tamper charge. Haley was acquitted of violating Nichols’ civil rights causing death.
Justin Smith
Smith joined the pummeling after Nichols was caught near his home. He is accused of holding Nichols down and saying “hit him,” according to prosecutors. Smith’s body worn camera shows that he and another officer exchanged a high five as Nichols was injured on the ground afterward. Footage also shows that Smith said they hit Nichols with “so many pieces,” or punches.
Smith was acquitted Wednesday of state charges including second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression. Smith was convicted in October in federal court of witness tampering related to the cover-up of the beating. He was acquitted of civil rights charges of using excessive force and being indifferent to Nichols’ serious injuries.
Desmond Mills Jr.
Mills said he tried to pepper-spray Nichols, while others held Nichols down, but Mills ended up spraying himself. After stepping away 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.
Mills has agreed to plead guilty to the state charges and did not stand trial. He testified as a state prosecution witness saying he regrets his failure to stop the beating, which led to Nichols’ death from blunt force trauma. He acknowledged on the stand that he had a duty to intervene to stop the beating but didn’t and that Nichols never punched or kicked any of the officers. Mills also pleaded guilty in federal court, where sentencing for all five officers is pending. He took a plea deal in which prosecutors call for up to 15 years in prison.
Emmitt Martin
Martin was one of the first officers in the encounter with Nichols. Defense attorneys in the state case have said Martin acted with the most violence, kicking and punching Nichols several times in the head. Martin testified in federal court that he punched Nichols at least five times while other officers held his arms. He also said he lied to his supervisor about their use of force.
Martin has agreed to plead guilty to the state charges and did not stand trial under deals with prosecutors. He also pleaded guilty in federal court. Under Martin’s plea agreement, prosecutors will suggest a prison sentence of up to 40 years.
Sentencing will come at a later date for the former officers. The federal witness tampering charges carry possible sentences of up to 20 years in prison. The federal civil rights charge against Haley carries up to 10 years in prison.
The five officers, the city of Memphis and the police chief also are being sued by Nichols’ family for $550 million. A trial has been scheduled for next year.
Late last year, the U.S. Justice Department said a 17-month investigation showed the Memphis Police Department uses excessive force and discriminates against Black people.
