A federal jury has returned a mixed verdict against three former Memphis police officers charged in the murder of Tire Nichols.
Jurors began deliberating earlier Thursday before returning their verdict Thursday afternoon.
Nichols was beaten after fleeing during a traffic stop in January 2023 in Memphis and died three days later. Prosecutors argued the officers wanted to punish him for fleeing, while defense attorneys said they were following department policy.
A photo of Tire Nichols is displayed outside the sanctuary during worship service at Mt. Olive Cathedral CME Church on January 29, 2023 in Memphis, Tennessee.
Joshua Lott/The Washington Post via Getty Images, FILE
Tadarrius Bean, Demetrius Haley and Justin Smith were charged with violating Nichols’ civil rights by excessive use of force, unlawful assault, failure to intervene in assault and failure to render medical assistance. They were also charged with conspiracy to commit tampering and obstruction. The officers have pleaded not guilty to all charges.
All three were found guilty of obstruction.
Haley was acquitted of the violation of Nichols’ civil rights resulting in death, but was convicted of the lesser charge of violating her civil rights resulting in bodily injury. He was also convicted of conspiracy to commit tampering.
Bean and Smith were acquitted of civil rights violations.
They are scheduled to be sentenced on Jan. 22, 2025. The charges of conspiracy to witness tampering and obstruction carry a maximum sentence of 20 years in prison, the Justice Department said. The civil rights violations for which Haley was convicted also carry a maximum sentence of 10 years in prison, the DOJ said.
Emmitt Martin III and Desmond Mills Jr., the two other officers also charged in the case, pleaded guilty to some of the federal charges and testified during the weeklong trial.
Following Thursday’s verdict, Tire Nichols’ mother, RowVaughn Wells, said she was “glad they were all convicted.”
“It’s been a long journey for our family; I’m actually in shock right now,” Wells said outside the courthouse.
Nichols’ sister, Keyana Dixon, called it a “bittersweet day.”
“I will never get my little brother back, but seeing these officers held accountable for what they did and what they did to our family gave some hope for the future, and maybe “That this will never happen to another family in the future,” she said in court.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division offered condolences to Nichols’ family and loved ones after the verdict.
“We hope these prosecutions provide some comfort that law enforcement officers connected to his death have been held accountable,” she said in a statement.
Federal prosecutor Kathryn Gilbert said during 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 it and protect themselves.
“They wanted it to be a beating,” Gilbert told the jury of the three former officers.
“You’re what’s stopping them from getting through this,” she added.
John Perry, Bean’s attorney, said during his closing remarks that the force used by his client during the interaction with Nichols was “not excessive.”
Perry and Haley’s attorney, Stephen Leffler, argued during closing arguments that their clients did not violate Memphis Police Department policies.
Leffler admitted that Haley said “beat this man” and kicked Nichols, but he said “beat this man” was only a verbal order and not a physical encounter.
Smith’s attorney, Martin Zummach, said during his closing statement that Smith did not see Martin and Haley kick Nichols because he was blinded by the pepper spray and was afraid . Zummach argued that Smith failed to conceal “excessive force” and said Smith reported the kicks to his supervisor.
“He’s not perfect but imperfection is not a crime,” Zummach said.
This combination of booking images provided by the Shelby County, Tennessee Sheriff’s Office shows, from left, Tadarrius Bean, Demetrius Haley and Justin Smith.
Shelby County Sheriff’s Office via AP
The three former police officers on trial did not testify.
Both Martin and Mills testified for the government at trial about the beatings.
Martin said he was angry at Nichols for running away during the traffic stop. “I wanted some kind of revenge. I was seeing red,” he said.
He admitted to kicking and punching Nichols several times. The former officer, who was captured throwing away his body camera, said he was unaware of a Skycop camera recording the incident above them until he saw him on the news, according to WATN, the ABC affiliate in Memphis that covered the courtroom case.
Mills testified that he was angry that he accidentally pepper sprayed himself 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 have stopped the punches. It hurts to watch. It hurts so much inside,” Mills said while crying during his testimony, according to WATN. “It was painful every time the image appeared on the screen knowing that I was a part of it. I made his child fatherless. I’m sorry. I’m sorry. I know that ‘sorry’ won’t bring him back, but I pray his child has everything he needs to grow up.”
Mills pleaded guilty to two of four counts in the indictment: excessive force and failure to intervene, as well as conspiracy to conceal his use of unlawful force, according to the DOJ. The government said it would recommend a maximum sentence 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 tamper with witnesses, according to court records. The other two charges will be dropped at sentencing, scheduled for Dec. 5, according to court records.
Body camera footage shows Nichols fled after police arrested him on Jan. 7, 2023, for reckless driving, then shocked him with a Taser and pepper-sprayed him.
The officers then allegedly beat Nichols a few minutes later after finding him. After the confrontation with police, Nichols was taken to the hospital in critical condition.
Nichols, 29, died at the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other while Nichols was injured and sitting on the ground.
Memphis Police Chief Cerelyn Davis said she had not been able to prove Nichols was driving recklessly. The incident sparked protests and calls for police reform.
The medical examiner’s official autopsy report on Nichols showed that he “died of brain injuries caused by blunt force trauma,” the prosecutor’s office told Nichols’ family in May 2023.
The five former police officers charged in this case were all members of the Memphis Police Department’s SCORPION Unit, a crime-fighting unit that was disbanded after Nichols’ death. All officers were fired for violating MPD policies.
The five former officers also face state crime charges, including second-degree murder, in connection with Nichols’ death.
Editor’s Note: An earlier version of this article incorrectly reported some of the charges on which the defendants were convicted. The story has been updated with the correction.
