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'We about to kill this man': Memphis officers federally indicted after death of Tyre Nichols

Tyre Nichols memorial
Posted at 1:52 PM, Sep 12, 2023
and last updated 2023-09-12 20:15:46-04

MEMPHIS, Tenn. (WTVF) — Five officers formerly with the Memphis Police Department received an indictment Tuesday for four counts of federal civil rights charges in relation to the death of Tyre Nichols.

A grand jury charged Emmitt Martin III, Tadarrius Bean, Demetrius Haley, Desmond Mills Jr., and Justin Smith with excessive force/failure to intervene, deliberate indifference, conspiracy to witness tamper and witness tampering.

“When I announced this investigation back in January, I said I wanted this city to be a place where justice is done,” said U.S. Attorney Kevin Ritz for the Western District of Tennessee. "This indictment alleging civil rights violations is an important step in ensuring that justice is done for Tyre Nichols. I want to thank the dedicated team of prosecutors and law enforcement agents who are working on this case. I’m proud of our team and proud of their commitment to protecting the civil rights of all Americans."

Those officers — previously of a SCORPIAN unit — were fired by MPD and were later placed into custody. They were charged at that time with second-degree murder, aggravated assault- act in concert, aggravated kidnapping, official misconduct and official oppression.

Their case and the death of Nichols reverberated across Tennessee and the nation in January. Body camera video from the officers demonstrated what happened to Nichols at the hands of police and showed inaction on the part of emergency personnel to render aid for the wounds he suffered. After its release, Interstate 55 in Memphis shut down going in and out of Tennessee with hundreds of protesters all over the roadway.

On Jan. 7, 2023, Memphis police said they pulled Nichols over for “reckless driving,” which resulted in multiple confrontations. The video shows the officer pulling Nichols over, with Nichols telling the officer he didn't do anything. The officer told him to get on the "f—ing ground." Nichols told the officer he was just trying to get home. Nichols tries to run away but is tazed, although he manages to get away. Officers run after him and another starts searching his car.

Police do catch up to Nichols, and he ends up on the ground. Officers are on the scene kicking and hitting him with a nightstick. They continue to prop him up only to beat him further. Once they stop, Nichols laid on the ground with no one interacting him for close to a half hour.

The videos show his face beaten and bloodied.

In the indictment, the grand jury provided examples of what happened to Nichols.

"While Memphis Fire Department personnel were on the scene, Haley and Mills removed their body-worn cameras and set them aside before they discussed amongst themselves the force used on Nichols," the indictment read. "They made statements like: 'Everybody rocking his a—,' 'Pop, pop, please fall,' and 'I thought when he wasn't going to fall, we about to kill this man.'"

Per the indictment, the officers provided a "misleading" incident report that said Nichols was strong he lifted two officers in the air and pulled on gun belts and vests. Ultimately, Nichols laid on the ground for 25 minutes without police or medical personnel addressing his injuries after they stopped beating him. Videos showed they bring out a gurney but didn't place Nichols on the gurney.

Following the arrest, Nichols was transported to the hospital where he died three days later. He suffered “extensive bleeding caused by a severe beating,” according to an independent autopsy commissioned by attorneys representing the Nichols family.

Nichols’ family said he was beaten so badly by Memphis police that he became "unrecognizable."


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