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New York Times
08-05-2025
- New York Times
In Tyre Nichols Case, an Out-of-Town Jury Heard a Familiar Police Defense
Even before the state trial began last month for the former police officers charged with fatally beating Tyre Nichols in Memphis, the defense notched an important victory. The officers' lawyers persuaded the judge to seat a jury from the area around Chattanooga, Tenn., hundreds of miles from where surveillance and body cameras captured the officers brutalizing Mr. Nichols, a 29-year-old Black man, in January 2023. Given how the videos had horrified Memphis, the lawyers said, they questioned whether local jurors could consider the facts impartially when the former officers — Tadarrius Bean, Demetrius Haley and Justin Smith — went on trial. Once the trial started, the defense lawyers took turns deflecting blame for the violence onto two other officers who were involved that night but were not on trial after pleading guilty. They also frequently reminded the jury of how dangerous policing can be, and of how their training allows for certain types of force at times. 'These cops serve in the most dangerous unit in the most dangerous city in the United States,' said Martin Zummach, a lawyer for Mr. Smith, noting the high crime rate in Memphis. He later described the officers as 'doing a job that none of us in here have the guts to do, to keep us safe.' All of those tactics are part of the playbook for defending police officers charged with excessive force and, some experts said, likely factored into the unanimous acquittal on all charges for all three defendants on Wednesday. 'The reason they're fairly standard, the reason that we have that playbook, is because it works,' said Seth Stoughton, a professor at the University of South Carolina School of Law, though he added that the verdict 'surprised the hell out of me' because of the violence captured on video. Mr. Stoughton also noted that 'there's a huge difference between society saying, 'We endorse the officers' actions in this case,' and society saying, 'We don't have sufficient proof of guilt here.'' The killing of Mr. Nichols is one the highest profile cases that prosecutors have brought against police officers in the five years since the murder of George Floyd. All of the charged officers are Black. All three officers were found guilty of witness tampering in a separate federal trial last fall, and Mr. Haley was found guilty on a lesser charge of violating Mr. Nichols's civil rights by causing bodily injury. They were all acquitted, however, on the most serious civil rights charge of violating his civil rights by causing his death. But the acquittal on Wednesday on an array of state charges, including second-degree murder, adds to a mixed record of convictions, acquittals and at least one mistrial for police officers and emergency workers since Mr. Floyd's death. For many in Memphis, a city of more than 600,000 where more than a third of Tennessee's Black residents live, the acquittal was a wrenching outcome that contradicted what they saw on video. 'Those people were allowed to come here, look at the evidence and deny the evidence,' said RowVaughn Wells, Ms. Nichols's mother, flanked by an emotional crowd gathered Thursday outside the Memphis museum that stands where Dr. Martin Luther King Jr. was shot. She added, 'they failed my son.' Some policing experts said it demonstrated how likely a jury is to give leeway to law enforcement figures and the split-second calculations they must sometimes make in a job with high risks. To prove the charges beyond a reasonable doubt, prosecutors had to show not only that the violence occurred, but that it was unlawful, Mr. Stoughton said. Jurors also had to grapple with the familiar question of how much lethal force is justifiable when framed as a matter of an officer's safety. Michael Sierra-Arévalo, a sociologist and professor at the University of Texas at Austin, said that while it is not unconstitutional for police officers to assume someone is going to hurt them, it can lead to behaviors and justification of certain actions that are. The defense lawyers framed Mr. Nichols as a strong person who could hold his own against the officers, noting that he ran from them at one point after he was stopped for speeding. They also pointed to stolen cards and small amounts of marijuana and psilocybin mushroom they said were found in his car after the beating. Another factor that helped the defense was that the two other former officers involved in the beating, Desmond Mills Jr. and Emmitt Martin III, were not on trial. Both pleaded guilty in the federal case; Mr. Mills also pleaded guilty in the state case and testified as part of his deal with the state. It is unclear how Mr. Martin's state case will be handled; his lawyer did not respond to multiple requests for comment and state prosecutors said they would wait for federal sentencing to decide their next move. Prosecutors acknowledged that the absence of Mr. Mills and Mr. Martin from the row of defendants offered an opportunity for defense lawyers to more easily absolve their clients of legal culpability. On the video footage of the incident, Mr. Martin yanked Mr. Nichols out of his car and then, after Mr. Nichols broke away and was caught by officers, repeatedly kicked and punched him in the head. Mr. Mills, who appeared after Mr. Nichols was caught near his mother's house, hit him multiple times with a baton. 'Because two of the most culpable of the five defendants pled over in federal court and were not present in the state court trial, I think there was a structural challenge going in,' Steven J. Mulroy, the district attorney for Shelby County, said in an interview Thursday. 'I still think there was more than enough evidence to convict.' He added, 'I think we have a long way to go in understanding the nature of the duty to intervene.' In Memphis, it also did not go unnoticed that the state jury was predominantly white. 'One of the new experiences I have had, sitting in that courtroom, is watching an all-white jury attempt to humanize three Black men in a murder trial who were defendants,' said Dr. Earle Fisher, the senior pastor of Abyssinian Baptist Church in Memphis. 'And they only did it because they were police officers.' The response in Memphis was swift when Mr. Nichols died three days after the beating, from blunt force injuries to his head. The elite policing unit that the officers belonged to was disbanded less than a month after the beating. Last year, a Justice Department civil rights investigation found a pattern of inequitable treatment toward Black people by the police force. Chief Cerelyn Davis of the Memphis Police Department said in a video statement on Wednesday that 'we believe in improved policing, in training and in progress we are seeing daily.' But the Republican-dominated Tennessee Legislature overturned some of the changes that the Memphis City Council approved in the aftermath. President Trump late last month signed an executive order instructing his administration to provide legal aid to officers accused of wrongdoing. And already in his second term, there has been an exodus from the civil rights division of the Justice Department, which prosecuted the federal case against the officers. The department ordered an immediate halt to all new civil rights investigations shortly after Mr. Trump took office, as well as a pause on negotiating so-called consent decrees, which serve as legally binding improvement plans for police departments. Before Mr. Trump took office, Memphis city officials had declined to enter such an agreement with the government, saying it would be labor intensive and costly. Some Memphis residents saw the verdict as evidence of a shift in the country's attitudes toward policing and racial inequality. 'The justice system doesn't seem to be working very well right now,' said DeMarcus Gatlin, 48, a disabled Army National Guard veteran. 'This has been going on a long time,' Mr. Gatlin said, adding, 'sooner or later, by the numbers, this will happen again.'
CBS News
08-05-2025
- CBS News
3 ex-Memphis officers in Tyre Nichols trial get verdict of not guilty in state court
Three former Memphis officers were acquitted Wednesday of all state charges, including second-degree murder, in the fatal beating of Tyre Nichols after he ran away from a traffic stop, a death that sparked nationwide protests and prompted renewed calls for police reforms in the U.S. An out-of-town jury from a majority-White county took about 8 1/2 hours over two days to find Tadarrius Bean, Demetrius Haley and Justin Smith not guilty on all charges after a nine-day trial in state court in Memphis, which is majority-Black. After the jury's verdict was read, the defendants hugged their lawyers as relatives of the former officers cried. One relative yelled, "Thank you, Jesus!" Martin Zummach, Smith's attorney, told The Associated Press by text: "It's easy to defend a good person. It's nerve racking to represent an innocent man." The three defendants still face the prospect of years in prison after they were convicted of federal charges, though they were acquitted of the most serious charges there, too. Two other former officers previously pleaded guilty in both state and federal court, including Emmitt Martin, who defense attorneys blamed for the majority of the violence. Bean and Smith are out on bond and under house arrest after their federal convictions. Haley is being held in federal prison. Nichols, a 29-year-old Black man, fled a traffic stop after he was yanked out of his car, pepper-sprayed and hit with a Taser. The five officers, who are also Black, caught up with him and punched, kicked and hit Nichols with a police baton, struggling to handcuff him as he called out for his mother just steps from his home. Nichols died Jan. 10, 2023, three days after the beating. Footage of the beating captured by a police pole camera also showed the officers milling about, talking and laughing as Nichols struggled with his injuries. The video prompted intense scrutiny of police in Memphis. Civil rights attorney Ben Crump, who represents Nichols' family, issued a statement expressing outrage at the trial. "Today's verdicts are a devastating miscarriage of justice," the statement reads. "The world watched as Tyre Nichols was beaten to death by those sworn to protect and serve." Memphis District Attorney Steve Mulroy said he respects the jury but thinks the evidence was there for every charge that prosecutors brought. "Was I surprised that there wasn't a single guilty verdict on any of the counts or any of the lesser-included offenses, given the overwhelming evidence that we presented? Yes, I was surprised. Do I have an explanation for it? No," he said. He said he spoke to Nichols' family briefly and, "They were devastated. ... I think they were outraged, and we can understand why they would be outraged, given the evidence." Former Memphis officers Desmond Mills Jr. and Martin, who were also involved in the beating, did not stand trial in state court after they agreed to a plea deal with prosecutors. They also pleaded guilty in federal court, where sentencing for all five officers is pending. Mulroy referred to Martin and Mills in his comments after Wednesday's verdict, telling reporters that the two defendants who he said were "most culpable" in the case weren't in the courtroom. "That doesn't mean that the remaining three defendants weren't culpable," he said. As for the acquittal, the DA said, "It's hard to get inside the mind of the jury." At trial, defense attorneys emphasized that Martin kicked and punched Nichols several times in the head. The defense also seemed to score points with their use-of-force experts, who testified that the three officers on trial acted in compliance with police department policies and widely accepted law enforcement standards. Attorneys for Bean and Smith called character witnesses who testified that the men were good officers who did their job the right way. Mills testified for the prosecution, saying he regrets his failure to stop the beating, which led to Nichols' death from blunt force trauma. Nichols suffered tears and bleeding in the brain, Dr. Marco Ross, the medical examiner who performed the autopsy, said in court testimony. The three officers had been charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression. In addition to beating Nichols, prosecutors also said the officers failed to intervene and failed to tell medical personnel that Nichols had been hit repeatedly in the head. Mills acknowledged on the stand that he had a duty to intervene, but didn't. He admitted Nichols never punched or kicked any of the officers. But Mills also bolstered the defense's case when he said Nichols was actively resisting arrest and not complying with orders to present his hands to be cuffed. Under cross-examination, he indicated he would not have struck Nichols if Nichols had put his hands behind his back. He also agreed that an officer is not safe until a suspect is handcuffed and searched for a weapon. Zummach noted in closing arguments that credit and debit cards that did not belong to Nichols were found in his car when it was searched after the beating and said it was likely why Nichols ran from the traffic stop. Defense lawyers have argued that the fatal beating would not have taken place if Nichols had just allowed himself to be handcuffed. "This is Emmitt Martin's and Tyre Nichols' doing," Zummach said. The jury for the state trial was chosen in Hamilton County, which includes Chattanooga, after Judge James Jones Jr. ordered the case be heard from people outside of Shelby County, which includes Memphis. Defense lawyers for the officers had argued that intense publicity made seating a fair jury difficult. Defense lawyers also claimed Bean and Smith could not see the strikes to Nichols' head because they were blinded by pepper spray and they had tunnel vision as they tried to restrain Nichols. But prosecutors sowed doubt on that claim by pointing to comments the defendants made after the beating. According to footage from the scene, Bean said Nichols was "eating" the blows and Smith said they hit Nichols with "so many pieces," or punches. Smith also said "hit him" and Haley said "beat that man," prosecutor Tanisha Johnson said. In December, the U.S. Justice Department said a 17-month investigation showed the Memphis Police Department uses excessive force and discriminates against Black people. The five officers, the city of Memphis and the police chief are being sued by Nichols' family for $550 million. A trial has been scheduled for next year.
CNN
08-05-2025
- CNN
What we know about Tyre Nichols' fatal beating and the officers involved
See all topics Three former Memphis police officers were acquitted Wednesday of state charges in the fatal beating of Tyre Nichols, concluding a fraught two-year examination of the brutal encounter that led to a parade of firings, two trials and escalating demands for national police reform. Five officers faced state and federal charges in connection with Nichols' death in January 2023, but two – Desmond Mills Jr. and Emmitt Martin – pleaded guilty and ultimately went on to testify against the three officers who maintained their innocence. Former officers Tadarrius Bean, Demetrius Haley and Justin Smith were found not guilty Wednesday on all state charges, including second-degree murder. Though the three men still face the possibility of years in prison after being convicted on federal charges last year, they have avoided the harshest charges leveled against them. Nichols, a 29-year-old Black man, was hospitalized in critical condition after the arrest and died three days later from injuries sustained during the beating. Graphic footage of the encounter – captured by police pole cameras and body-worn cameras – was released to the public and examined in excruciating detail during both trials. Nichols' death fueled nationwide protests against police brutality, particularly against Black men, and heightened scrutiny of police in Memphis, a majority-Black city. All officers charged in the case were Black, and a Department of Justice investigation found the Memphis Police Department engages in 'discriminatory policing of Black people.' Sentencing on both the state and federal charges remain pending. Here is what you need to know. Memphis police initially said Nichols, a father, skateboarder and photographer, was pulled over on January 7, 2023, on suspicion of reckless driving. Police Chief Cerelyn 'CJ' Davis later told CNN authorities were unable to substantiate the reason for the stop. Footage of the encounter shows officers repeatedly threaten Nichols with violence, even as he appeared to comply with their commands or was already on the ground. Disciplinary hearing records show Nichols was never told why he was being pulled over or that he was under arrest. Nichols fled on foot after being yanked out of his car, pepper-sprayed and struck with a Taser. Five officers – those who were later charged – caught him and punched, shoved and kicked him in the face and head as he cried out for his mother. Footage also shows officers standing around Nichols after the beating - some talking and laughing - and not appearing to render aid. Nichols was taken to a hospital in critical condition and died three days later, on January 10. Medical examiners determined he died from blunt force trauma to the head. He had tearing and rupturing in his brain and had suffered cuts and bruising all over his body. Six Memphis police officers were fired for their involvement in the fatal traffic stop. All but one – Preston Hemphill – were later charged at both the federal and state levels for their actions that night. The officers were all part of the force's controversial SCORPION unit – created to tackle rising crime in the city and disbanded amid national outcry and allegations of pervasive policing abuses following Nichols' death. None of the fired officers had previously been disciplined for excessive force, according to their personnel records. Hemphill, who is White, was only present at the initial stop and did not pursue Nichols alongside the other officers, prosecutors said. He was not criminally charged but was fired and cited by the department for policy violations. After Nichols fled, Hemphill was captured on bodycam footage saying, 'I hope they stomp his a**.' Haley was one of the first officers to make physical contact with Nichols, dragging him out of the car before officers Hemphill and Martin begin helping pin him to the ground. Haley deployed pepper spray and was later is recorded kicking Nichols in the torso alongside Martin. Haley later admitted to snapping a photo of Nichols after he was beaten and sending it to at least five people, including two other officers, a civilian employee and a 'female acquaintance.' Moments after Nichols was brought to the ground at the second location, Smith and Bean were recorded punching him in the face. Martin can be seen kicking Nichols as other officers attempt to handcuff him, then punching him in the face five times as officers hold Nichols' hands behind his back. Mills, who was only present at the second scene, pepper-sprayed Nichols twice and beat him with a police baton, video shows. Nichols' death fueled growing national outrage and protests against police brutality and led to both state and federal criminal charges against the officers involved. Haley, Martin, Bean, Smith and Mills were charged by the state of Tennessee with seven counts each, including second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression. The five officers were also indicted by a federal grand jury on charges of deprivation of rights, witness tampering and obstruction of justice. Initially, all pleaded not guilty but Martin and Mills reversed course, later accepting plea deals. Mills and Martin agreed to plead guilty to some federal charges, as well as all state charges, and did not stand trial. The federal trial of Bean, Haley and Smith ended in a mixed verdict, with the officers acquitted of some of the more serious charges. All three were convicted of witness tampering. Haley was also convicted of conspiracy to witness tampering and violating Nichols' civil rights causing bodily injury but was acquitted of the more severe charge of violating Nichols' civil rights causing death. A Tennessee jury found Bean, Haley and Smith not guilty on all state charges. During the state trial, prosecutors argued the officers used unnecessary force against Nichols, saying they were frustrated, angry and pumping with adrenaline after Nichols fled. They also said the officers failed their duty to intervene or inform medics that Nichols had bit hit repeatedly in the head. The defense claimed Martin, who was not facing trial, was responsible for the majority of the violence and called several use-of-force experts who testified the officers on trial acted in compliance with police department policy and law enforcement standards. All five officers now await sentencing in both cases, though prosecutors have already agreed to recommendations of 15-year sentences for Mills and Martin. In the aftermath of Nichols' death, the US Department of Justice launched a civil rights investigation into the city of Memphis and its police department. The report, released in December under the Biden administration, concluded that Memphis police engage in a pattern of excessive force, illegal traffic stops and disproportionate targeting of Black people in the majority-Black city. The Justice Department recommended placing the police department under federal oversight, but city officials refused to enter an agreement with the federal agency over changes within the department. It remains unclear what will happen to the Justice Department's recommendations or negotiations with Memphis officials under President Donald Trump. Shortly after Trump's inauguration, a Justice Department official sent a memo to the agency's civil rights division ordering it to halt agreements that may require reform in police departments. Nichols' mother, RowVaughn Wells, continues to press for justice and accountability from the police department for her son's death, and has filed a $550 million civil lawsuit against the city and police department, saying Nichols' death was the result of ' unconstitutional policies, practices, customs, and deliberate indifference by the City of Memphis' and its police leadership. The civil lawsuit is scheduled to go to trial in July 2026. CNN's Nick Valencia, Ryan Young, Matthew Gannon, Demetrius Pipkin, Mark Oliver, Kenneth Uzquiano, Claudia Morales, Paul Murphy, Selwyn Rocha and Yukari Schrickel contributed to this report.
The Independent
08-05-2025
- The Independent
What happened with the 5 police officers accused of crimes in Tyre Nichols' fatal beating
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. 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.
Associated Press
08-05-2025
- Associated Press
What happened with the 5 police officers accused of crimes in Tyre Nichols' fatal beating
Updated [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year] 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.
