3 Former Memphis police acquitted in fatal assault of Tire Nichols

Three former Memphis officials were acquitted Wednesday, including second-degree murder, which fatally beat Tire Nichols after he fled from a traffic stop, a death sparked nationwide protests and prompted a new call for police reform in the U.S.

A jury took about 8 1/2 hours in two days to find Tadarius Bean, Dmitris Haley and Justin Smith in a game 9-day trial In the state courts of Memphis. After reading the jury's verdict, the defendant hugged his attorney as a relative of the former official. A relative shouted, “Thank you Jesus!”

The three defendants have a prospect of their sentence to several years in prison Convicted federal charges last year.

Nichols, a 29-year-old black man, fled traffic after he was pulled out of the car, pepper sprayed and hit a Taser. Five black officers caught up with him, beaten, kicked and hit Nichols with batons, tried to handcuff him as he called on his mother to be a few steps away from his home. Nichols died on January 10, 2023, three days after the assault, and the incident directed a rigorous scrutiny of most black cities Memphis.

The shots of the beaten shot captured by the police pole camera also show that the police were talking, talking and laughing as Nichols struggled.

Ben Crump, a civil rights lawyer representing the Nichols family, issued a statement expressing anger at the verdict.

"Today's judgment was a devastating judicial abortion," the statement said. "The world watched Tire Nichols beaten to death by those who took oath and served."

Memphis District Attorney Steve Mulroy said he respected the jury but believed there was evidence for every charge raised by the prosecutor. He said he briefly spoke to Nichols' family, "They were destroyed. ... I think they were angry and we can understand why they were angry, given the evidence."

Memphis official Desmond Mills Jr.

Mills and Emmitt Martin, another official involved in the assault, have agreed to plead guilty to the state charges and have not been tried based on a deal with prosecutors. They also pleaded guilty in federal court, with all five officers under trial.

The officer was charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression.

Officials are accused of using unnecessary power during Nichols' arrest. Prosecutor Paul Hagerman said in his opening remarks that after Nichols fled from traffic parking, they felt frustrated, angry and full of adrenaline.

Prosecutors said they "stop here."

"No one would call them monsters," said Hargman. "It doesn't take monsters to kill a man."

Prosecutors argued that officers used too much lethal force in trying to handcuff Nichols and were responsible for each other's actions. They also said officers had the responsibility to intervene and stop the beatings and told medical staff that Nichols had hit the head several times, but they did not do so.

Defense attorneys sought to refute the allegations that officers used too much force to subdue Nichols and followed police policies and standards. Defense attorneys said the officer with the biggest act of violence was Martin, who kicked Nichols several times but did not stand trial.

Mills testified that he regretted failing to stop the assault, which resulted in Nichols' death from blunt trauma. Dr. Marco Ross, a medical examiner who performed the autopsy, said in court testimony.

He said Mills tried to sprinkle Nichols with Nichols as he struggled with Bean and Smith, but he ended up spraying himself.

After walking away to try to recover, Mills then walked over to Nichols and hit him in the arm with a baton three times. Mills told prosecutor Paul Hagerman that he hit Nichols with a baton because he was angry at the pepper spray.

Mills admits that he has the responsibility to intervene to stop the assault, but nothing.

But Mills also said Nichols was actively resisting arrests and not following orders to reach out.

During the trial, defense attorney John Keith Perry asked Mills if he would have beaten Nicole with a baton if Nicole had just put his hand behind his back. Mills said no.

Smith's attorney Martin Zummach asked Mills if it was safe and if he hadn't worn the suspect and looked for a weapon. Mills said they are not safe in this case. Nichols was not searched before running from the traffic stop.

Mills admitted that officers were scared and exhausted, but said some of the methods used by the Nicole adhered to police department policies, including the use of wrist locks and impacts.

Zummach pointed out in the ending argument that during the search after the assault, credit and debit cards that did not belong to Nichols were found in his car, which is likely why Nichols came from a traffic stop. Defense attorneys argued that a fatal assault wouldn't have happened if Nichols allowed himself to be handcuffed.

"This is done by Emmitt Martin and Tire Nichols," Zummach said.

The defense also suggested that Nichols was taking drugs, which gave him the ability to fight five powerful men. TBI agents proved that some mushrooms containing hallucinogenic psilocybin were also found in his car. However, toxicology reports show that Nichols' system has only alcohol and a small amount of marijuana.

Mills admits that Nichols never hit or kicked any officers.

Defense attorneys also claimed that Bean and Smith couldn't see Nichols' head strike because they were blinded by pepper spray and they had tunnel vision when they tried to limit Nichols.

But prosecutors pointed to comments made by the defendant after the assault, announcing doubts about the claim. According to the footage at the scene, Bean said Nichols was "eating" the blow, and Smith said they hit Nichol with "so many pieces" or punches. Smith also said “beat him,” and Hayley said “beat that man,” said prosecutor Tanisha Johnson.

The U.S. Department of Justice said in December that a 17-month investigation showed that the Memphis Police Department used too much force and discriminated against black people.