What to know about Tyre Nichols’s death amid civil rights probe

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https://thehill.com/homenews/state-watch/3830482-what-to-know-about-tyre-nicholss-death-amid-civil-rights-probe/

 

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by Cheyanne M. Daniels - 01/25/23 3:53 PM ET

 

The US Department of Justice and FBI have opened a civil rights investigation into the death of Tyre Nichols, a Black man from Tennessee who died after enduring a severe beating from police officers. 

Kevin G. Ritz, United States Attorney for the Western District of Tennessee, promised to conduct a “thorough and methodical” investigation in a press conference in Memphis on Wednesday. 

“I want this city to be a place where justice is done,” Ritz said. “The United States is committed to following the facts in the law guided by principles of justice every step of the way.”

Here’s what to know about Nichols’s death. 

The initial incident

Nichols, a 29-year-old Black man, was the father of a 4-year-old son. On Jan. 7, Memphis police officers stopped him for reckless driving, according to the department. 

In a statement posted to Twitter, the department said that as officers approached Nichols, a “confrontation” broke out and he tried to flee the scene on foot. Officers eventually caught up to him where reportedly another “confrontation” took place. It later was revealed that Nichols was beaten for three minutes by police officers.

Once Nichols was in police custody, he reportedly began to complain of shortness of breath and was transported to a hospital in critical condition.

According to civil rights attorney Benjamin Crump, who is representing the family of Nichols, his legal team had its own independent autopsy performed on Nichols. Preliminary findings indicate Nichols “suffered extensive bleeding caused by a severe beating.”

Nichols died from his injuries on Jan. 10. His mother, RowVaughn Wells, said her son was “two minutes” away from his home when officers “murdered him.”

“My son — and no son — deserves this,” Wells said at a press conference on Monday.

Who were the officers involved?

Five officers — Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith — have been identified in the incident and fired from the department. 

The officers, who are all Black, joined the department between 2017 and 2020. NBC News reported Wednesday that in 2016, Haley was accused of participating in an assault at the Shelby County Division of Corrections that left an inmate unconscious.

In a statement, the department said it conducted a “thorough review of the circumstances surrounding this incident” and found that the five officers had violated multiple department policies, including excessive use of force, duty to intervene and duty to render aid.”

“The Memphis Police Department is committed to protecting and defending the rights of every citizen in our city,” said Chief of Police Cerelyn Davis. “The egregious nature of this incident is not a reflection of the good work that our officers perform, with integrity, every day.”

Mayor Jim Strickland added that ensuring “swift justice” was also a top priority.

“We want citizens to know that we are prepared to take immediate and appropriate actions based on what the findings determine,” said Strickland. 

Both Crump and Van Turner, the NAACP Memphis chapter president, said the race of the police officers in this case should not matter in the fight for justice.

“No matter the race of the victim or the law enforcement agent, we have to stand for justice,” Turner told Fox 13. “We have to stand for righteousness. We have to stand for fairness and equity.”

Body camera footage

Authorities have not yet released body camera footage of the incident, though pressure from the public is mounting. 

“This kind of in-custody death destroys community trust if agencies are not swiftly transparent. The most effective way for the Memphis Police Department to be transparent with the grieving Nichols family and the Memphis community is to release the body camera and surveillance footage from the traffic stop,” Crump said in a statement.

Crump compared the video to the 1991 video of Rodney King, a Black man who was brutally beaten by Los Angeles police officers during a traffic stop.

Nichols’s family has seen the video and, according to the Memphis Commercial Appeal, Nichols’s stepfather Rodney Wells called it “horrific” and said “no father or mother should have to see that.”

“Our son ran because he was scared for his life,” Wells said. “He did not run because he was trying to get rid of no drugs, no gun, no any of that. He ran because he was scared for his life. And when you see the video, you will see why he was scared for his life.”

Crump said Nichols’s mother couldn’t get through more than the first minute of the footage.

Attorney Antonio Romanucci, who is also representing the family, said the video shows Nichols being pepper-sprayed, shocked with a stun gun and restrained. Nichols also called for his mother several times throughout the video, said Romanucci, and said that he “just wanted to go home.”

“He was a piñata to those police officers,” said Romanuicci. “It was an unadulterated, unabashed nonstop beating of this young boy for three minutes.”

Officials have said the body camera video will be released to the public “soon.”

On Monday, Crump said the family is giving the department two weeks to release the video, which Turner said is the right call to make.

“As a lawyer, you have to be sensitive to have a neutral and fair jury pool,” said Turner. “You don’t want to do anything now to taint the jury and cause his case to perhaps be moved to another jurisdiction … we have to respect what they family has stated, they want this to be a rock-solid investigation and they don’t want to compromise the investigation.”

Still, there have been some concerns over what could happen once the footage is released. After the murder of George Floyd by Minneapolis Police officers, civil unrest led to looting, burning and rioting.

“Burning down your own community will not solve this problem,” Turner cautioned. “What will solve this problem is supporting this family, supporting the effort to bring these individuals to justice and support the effort to better train our officers and better train them to interact with this community appropriately going forward. That’s what this fight should be about.”

Rev. Al Sharpton, founder and president of the National Action Network (NAN), will deliver the eulogy for Nichols at his funeral in Memphis next Wednesday, with attorney Ben Crump set to deliver a call to action.

 

 

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Five officers charged with 2nd degree murder. 
 

https://amp.theguardian.com/us-news/2023/jan/26/tyre-nichols-five-ex-police-officers-custody

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Give a **** what’s going on in the rest of the country. This is happening in my town. The videos of this gangland mob/cop s*** is ******* disgusting. 
 

RIP Tyre Nichols. He never deserved this, no one deserves this. 

[DKW 86 7,411]

I had to stop at the first kick to the face. He was dead before he got out of the car. What are we doing as a society where people would rather fight the police and die than comply? Why would the police EVER feel it necessary to use that much force on anyone involved in a non-violent case?

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https://www.ktalnews.com/news/crime/all-former-officers-charged-in-tyre-nichols-death-out-on-bond/

 

 

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All former officers charged in Tyre Nichols death out on bond

 

by: Bria Jones, Autumn Scott

Posted: Jan 28, 2023 / 11:35 AM CST

Updated: Jan 28, 2023 / 11:35 AM CST

Records show Justin Smith, Desmond Mills Jr., Emmitt Martin III, Demetrius Haley and Tadarrius Bean, who were fired along with one other officer after Nichols’ death, were released on bond after they were booked into the Shelby County Jail Thursday morning.

All five men were charged with second-degree murder, aggravated assault, two counts of aggravated kidnapping, two counts of official misconduct, and official oppression.

At this time, Shelby County District Attorney Steve Mulroy said the investigation is ongoing.

Left: Justin Smith, top center: Emmitt Martin III, top right: Desmond Mills Jr., center left: Demetrius Haley, right bottom: Tadarrius Bean (Photos provided by Shelby County Sheriff’s Office)

Nichols, 29, died on Jan. 10, three days after a traffic stop by Memphis Police that ended with Nichols being severely injured in a hospital.

During Thursday’s press conference, Shelby County District Attorney Steve Mulroy said Nichols was bloody and bruised in the hospital and was pepper-sprayed when he was beaten yards away from his home in Hickory Hill.

The officers were fired for violation of policy on Jan. 20.

During the press conference, we pressed Mulroy about the charges.

“At a certain point in the sequence of events, it is our view that this – if it was a legal detention to begin with –  it certainly became illegal at a certain point and it was an unlawful detention,” he said.

Mulroy said his office acted swiftly and fairly to ensure a strong case. Noting the weight of the tragedy, Mulroy thanked his family for their patience.

“We met several times this week with the family of Tyre Nichols they described an almost perfect son.. a cheerful and happy person who enjoyed skateboarding and sunsets over Shelby Farms park,” he said.

Tenessee Bureau of Investigation Director David Rausch called the police beating sickening and appalling.

“Let me be clear: What happened here does not at all reflect proper policing. This was wrong. This was criminal,” he said.

As the world braces for the release of the violent video of Tyre’s death and protesters gather, we set out to find what the top leaders have planned for possible unrest.

“We’re not preparing for things to get violent because we’re not hoping that things get violent.. sure we have to do some personnel equipment.. things like that but it’s no large scale,” said Shelby County Sheriff Floyd Bonner.

The City of Memphis is expected to release video of the traffic stop after 6 p.m. (CT) Friday.

A GoFundMe page verified by a company spokesperson has been created to help support Tyre Nichols’ family. If you would like to donate, click here.

 

 

 

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https://thehill.com/homenews/state-watch/3842138-memphis-police-chief-ran-aggressive-force-similar-to-scorpion-unit-while-in-atlanta-report/

 

 

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Memphis police chief ran aggressive force similar to Scorpion unit while in Atlanta: report

by Julia Shapero - 02/02/23

 

Memphis Police Chief Cerelyn Davis reportedly oversaw a street crime unit in Atlanta that, similar to the now defunct Scorpion unit implicated in the death of 29-year-old Tyre Nichols, was eventually disbanded amid public backlash over its aggressive tactics, according to reports.

The “Red Dog” unit was a group of about 30 officers at the Atlanta Police Department that was meant to flood high crime areas of the city. The unit, which Davis oversaw from 2006 to 2007, was disbanded in 2011, NBC News reported.

The city of Atlanta settled at least 10 lawsuits related to the Red Dog unit throughout its existence, although none were related to misconduct that occurred under Davis’ management, per NBC.

One lawsuit accused the unit of employing “unconstitutional policies, customs, and practices,” including performing strip searches and body cavity searches in public and stopping and frisking individuals without “reasonable suspicion or probable cause.”

A 2013 affidavit from a former Atlanta police officer, who was a member of the Red Dog unit, noted that their supervisors were aware of their “aggressive attitude” and did not appear bothered until it “resulted in political backlash for the administration and politicians.”

The revelations about Davis’ background with the Atlanta unit come in the wake of Nichols’ death last month. The Memphis Police Department’s Scorpion unit — which took a similar approach of targeting high crime areas — arrested Nichols on suspicion of reckless driving on Jan. 7.

In video footage of the traffic stop released last week, officers can be seen pepper-spraying, tasing and beating the 29-year-old. Nichols died several days later from his injuries.

The controversial Scorpion unit was officially deactivated on Saturday amid public backlash over Nichols’ death. Five police officers in the unit that were involved in Nichols’ arrest were fired and have since been charged with second-degree murder.

A sixth officer was also “relieved of duty” at the beginning of the Memphis Police Department’s investigation into the incident. A seventh officer has since been suspended, and two emergency medical technicians (EMTs) and one lieutenant with the Memphis Fire Department have been fired.

 

 

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https://www.cbsnews.com/news/tyre-nichols-memphis-officers-charged-monterrious-harris-lawsuit/

 

 

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Former Memphis officers charged in Tyre Nichols' death assaulted another Black motorist days before, lawsuit claims

 

By Elise Preston

Updated on: February 10, 2023

A month after Tyre Nichols' death, following his brutal beating by Memphis police officers, another Black man has come forward claiming he was the victim of a similar assault.

Monterrious Harris has filed a $5 million lawsuit against the officers and the City of Memphis, claiming he was attacked on Jan. 4, just three days before Nichols was beaten. 

"The officer, he was like, 'Stop reaching for the gun,'" Harris said. "And I know that I didn't have a gun. I didn't know what else to do besides just let them do what they were doing to me." 

The 22-year-old Army Veteran was booked on a charge of gun possession as a convicted felon. Harris spent several days in jail.

Attorneys for the five charged officers had no comment on the lawsuit. 

The Shelby County District Attorney's Office said it is now reviewing every open and closed case involving the five former officers, now facing second-degree murder charges. Former Shelby County prosecutor Josh Corman said the review is warranted. 

"I think it would be a nightmare for a prosecutor to try to use any of those five officers as witnesses in cases any more," Corman said Friday. "So a prosecutor is going to have to look at those cases, probably all of those cases on a case by case basis to figure out if those are cases that they can still meet their burden of proof." 

Internal disciplinary documents obtained by CBS News reveal more about the officers' encounter with Nichols. 

Demetrius Haley, who can be heard shouting that Nichols tried to grab one of the officers' guns in video of the arrest, shared a photograph he took of Nichols as the 29-year-old lay slumped on the ground, according to the documents. 

Justin Smith and Tadarrius Bean are accused of punching Nichols several times and holding his arms while other officers assaulted him, according to the documents. 

Smith was the only officer to defend his actions on the record, stating that he propped Nichols up against the squad car after the violent struggle "so he could breath [sic] better" and called for medical assistance. 

The former officers are due in court on criminal charges, for the first time, next week. 

 

 

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https://www.cnn.com/2023/08/18/us/tyre-nichols-officers-cases-dropped/index.html

 

 

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District Attorney drops more than 30 cases involving former officers charged in Tyre Nichols’ death

By Mitchell McCluskey and Colin Jeffery, CNN

August 18

A district attorney in Tennessee dismissed more than 30 cases involving five former police officers who were charged with second-degree murder in the death of Tyre Nichols, according to a statement obtained by CNN affiliate WHBQ on Wednesday

Shelby County District Attorney Steven Mulroy said his office reviewed approximately 100 cases involving the officers.

In addition to the 30 dismissals, charges were reduced in about a dozen other cases, the district attorney’s statement said.

“As in any such case, the primary consideration is concern about the credibility as witnesses of discharged officers,” the statement said.

Nichols died a few days after being pulled over and beaten by the former Memphis police officers on January 7.

Body camera videos and surveillance footage from Nichols’ arrest were released on January 27, publicly revealing the severity of the beating, and sparked widespread condemnation from residents and police officials and, the county prosecutor said at the time, contradicting what officers said happened in the initial police report.

The district attorney charged the five Memphis police officers with second-degree murder in the fatal beating of Nichols. All five were terminated by the Memphis Police Department.

Judge James Jones set a date of September 15 to hear motions from the former officers.

Currently, all five officers accused would be tried together. The attorney for defendant Emmitt Martin says three of the accused officers are seeking to separate their cases but says his client isn’t among them.

Additionally, Jones says he plans to issue an order on a records request by a media coalition to release additional public records including more video. Jones did not specify when the order would be issued. CNN is part of the media coalition.

After the motions are settled, the judge says he will move ahead with scheduling a trial date.

The city of Memphis, its police department and the fired officers also face a lawsuit filed by Nichols’ family.

In February, Mulroy said the attorney general’s office would be reviewing all prior cases involving the five officers.

CNN has reached out to the Shelby County District Attorney’s Office but has not received a response.

 

 

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https://www.nbcnews.com/news/us-news/former-memphis-officer-pleads-guilty-state-federal-charges-tyre-nichol-rcna123387?cid=sm_npd_nn_tw_ma&taid=6543fc4a9f9ae30001136608&utm_campaign=trueanthem&utm_medium=social&utm_source=twitter

 

 

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Former Memphis officer pleads guilty to state and federal charges in Tyre Nichols’ death

Nov 2

By Associated Press

 

MEMPHIS, Tenn. — A former Memphis police officer changed his plea to guilty Thursday in the fatal beating of Tyre Nichols, becoming the first of five officers charged to reverse course.

Desmond Mills Jr. entered his plea during a hearing at the Memphis federal courthouse as part of a larger agreement to settle charges in state court as well. It wasn’t immediately clear how the four other officers planned to respond and specifically whether they would follow suit. Their attorneys declined to comment on Mills’ guilty plea.

 

Mills pleaded guilty to federal charges of excessive force and obstruction of justice on Thursday and has agreed to plead guilty to related state charges. Prosecutors are recommending a 15-year sentence for the former officer, although the final sentencing decision rests with the judge.

Caught on police video, the Nichols beating in January was one in a string of violent encounters between police and Black people that sparked protests and renewed debate about police brutality and police reform in the U.S.

Mills and four other former Memphis Police Department officers were charged in federal court with using excessive force, failing to intervene, deliberate indifference and conspiring to lie, as well as obstruction of justice after they were caught on camera punching, kicking and hitting Nichols with a police baton on Jan. 7. Nichols died three days later in a hospital.

The five former officers — Mills, Tadarrius Bean, Demetrius Haley, Emmitt Martin and Justin Smith — have pleaded not guilty to second-degree murder and other charges in state court. Mills is the first to agree to change that plea to guilty.

“I join Tyre’s family in saying this is a fair result, given Mr. Mills’ level of involvement, and his willingness to cooperate with us,” Shelby County District Attorney Steve Mulroy said in a news release. “His cooperation will help us bring to justice all those criminally responsible while also identifying needs for systemic reform within the police department.”

U.S. District Judge Mark Norris has scheduled a May trial for the officers in the federal case. A trial has not been set in state court.

The five former officers who were charged also are Black. They were fired from the department and the crime-suppression team they were part of disbanded after Nichols’ death. However, members of that Scorpion unit have been moved to other teams.

Kristen Clarke, who leads the U.S. Department of Justice’s civil rights division, said at a Sept. 13 news conference that the five former officers used excessive force, failed to advise medical personnel about Nichols’ injuries and conspired to cover up their misconduct.

The indictment says the officers failed to tell dispatchers, their supervisor and emergency medical technicians they knew Nichols had been hit repeatedly. It alleged they were trying to cover up their use of force and shield themselves from criminal liability.

The indictment alleges instances where the officers used their body cameras to limit what evidence could be captured at the scene.

Police said they pulled Nichols over because he was driving recklessly, but Police Chief Cerelyn “CJ’ Davis said later that no evidence was found to support that reckless driving allegation. Nichols ran from officers who tried to restrain him. He ran toward his home and called out for his mother as he was pummeled just steps from his house.

An autopsy report showed Nichols died from blows to the head, and the manner of death was homicide. The report described brain injuries, cuts and bruises to the head and other parts of the body.

In a state court filing, Mills’ lawyer said the officer was not at the traffic stop and only encountered Nichols after he ran from the officers who pulled him over. In a separate filing, prosecutors said Nichols was “a helpless victim” as he was hit by Haley, Martin and Mills while being held by Bean and Smith.

The officers made statements about the beating during an internal police investigation. The so-called Garrity statements are disclosures made by police officers during internal investigations under the threat of termination if they stay silent. They have been viewed by courts as compelled and therefore cannot be used in criminal court.

 

 

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https://www.yahoo.com/news/memphis-groups-support-chief-davis-220728383.html

 

 

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Memphis groups support Chief Davis ahead of final reappointment vote

 

April Thompson

Thu, January 11, 2024 at 4:07 PM CST

 

MEMPHIS, Tenn. — A lot still hangs in the balance when it comes to the future of Memphis Police Chief C.J. Davis after she failed to get approval for reappointment earlier this week.

But the embattled chief does have supporters who are hoping for a different outcome when the issue goes back before the City Council in a few weeks.

C.J. Davis reappointment fails in Memphis City Council committee vote

When Davis made her appeal to the City Council Tuesday, there was a mixed review: signs of disapproval but also signs of support. Among those was the Afro-American Police Association with signs saying, “Keep the Chief,” who they recently named Officer of the Year.

Executive Director Tyrone Currie says from record promotions to higher raises, Davis has been behind officers.

“The officers received probably one of the highest raises they ever received on the Memphis Police Department to take care of their families, to meet inflation, and to motivate other law enforcement officers to come to Memphis, and she led the charge on that,” Currie said.

But for some, the Tyre Nichols beating death was a breaking point. While the Chief acted quickly to fire the officers involved, she also put in place the SCORPION Unit they were a part of.

How Tyre Nichols’ death a year ago changed law enforcement nationwide

Currie says Davis’ handling of the tragedy spoke volumes.

“We thought she was honest and forthright,” Currie said, “and she met the challenges at hand and gave the public the truth without hesitation, and we just thought it took a lot of courage. And it took a lot of soul searching in this political arena to give the public the truth, and we believe that she was a true servant.”

The Memphis NAACP agrees. The NAACP put out a letter in support of Davis this week, saying she hasn’t been given enough time to make a dent in crime.

Councilwoman says MPD homicide solve rate below 50%

“Chief Davis did everything in her power to move swiftly and remove those officers from our police force,” Memphis NAACP President Kermit Moore said. “She is the person in the job and she has been doing a good job.”

WREG reached out to Davis for an interview. We were told our request is being passed along to her team.