Ex-Memphis officers stood by Tyre Nichols' 'dying physique' and laughed, prosecutor says

MEMPHIS, Tenn. — The previous law enforcement officials charged within the January 2023 beating dying of Tyre Nichols “stood by his dying physique and laughed,” a federal prosecutor mentioned Wednesday in opening statements.

“We’re going to ask you to observe Tyre Nicols being overwhelmed to dying,” Assistant U.S. Legal professional Elizabeth Rogers mentioned because the jury appeared on. “The beating was captured from a number of angles and readability. 5 officers took turns punching, kicking and batoning him till he died.”

When it was over, Rogers mentioned, “They silently agreed to lie about it to cowl it up.” 

It was a jarring opening to the much-awaited federal trial of three former Memphis law enforcement officials charged within the dying of Nichols, whose brutal beating was caught on police cameras and whose dying three days later reignited requires police reform within the U.S.

“You gained’t see Tyre pose a menace, throw a punch or make or kick,” the prosecutor mentioned. “You gained’t see any of the defendants increase a finger to spare Tyre Nichols.”

The truth is, Rogers mentioned, “officers took off their body-worn cameras to hitch within the beating. They laughed concerning the large punches Nichols took and the way lengthy it took him to fall.”

Protection legal professional John Keith Perry Jr., who represents former officer Tadarrius Bean, mentioned the police had been merely making an attempt to subdue an uncooperative suspect.

“He was hit a complete of 4 instances,” Perry mentioned of Nichols. “He’s kicked 3 times to the physique. These are accepted when an individual is failing to observe directions.”

The trial is predicted to final three to 4 weeks.

“Our hope is that they’re discovered responsible and to indicate the world that my son was particular person and he wasn’t the legal that they’re making an attempt to make him out to be,” Nichols’ mom, RowVaughn Wells, mentioned throughout a recess.

On Tuesday, prosecutors and protection legal professionals agreed on the 12 jurors and 4 alternates. Potential jurors answered questions from U.S. District Decide Mark Norris about whether or not they may very well be truthful and neutral given the heavy pretrial media protection and whether or not watching video of the beating can be an issue for them if chosen.

Bean, Demetrius Haley and Justin Smith have pleaded not responsible to fees that they disadvantaged the 29-year-old Nichols of his rights by way of extreme drive and failure to intervene, and obstructed justice by way of witness tampering.

Two different officers, Emmitt Martin III and Desmond Mills Jr., have already pleaded responsible to the federal fees and will testify in opposition to their former colleagues.

Nichols, who was Black, died in a hospital on Jan. 10, 2023, three days after he was kicked, punched and hit with a police baton following a visitors cease.

Police video launched that month confirmed the 5 officers, who’re additionally Black, beating Nichols as he yelled for his mom a few block from his dwelling. Video additionally confirmed the officers milling about and speaking with each other as Nichols sat on the bottom, struggling together with his accidents.

Nichols, police mentioned, was pulled over for reckless driving, however Memphis’ police chief has mentioned there isn’t any proof to substantiate that.

An post-mortem report confirmed Nichols died from blows to the pinnacle and that the way of dying was murder. The report described mind accidents and cuts and bruises to the pinnacle and different areas.

Nichols labored for FedEx, and he enjoyed skateboarding and photography.

The three officers now going through trial, together with Martin and Mills, had been fired for violating Memphis Police Division insurance policies. That they had been members of a criminal offense suppression group known as the Scorpion Unit, which was disbanded after Nichols’ dying.

Shortly after their dismissal, the 5 had been charged with second-degree homicide in state court docket, the place they pleaded not responsible. They had been then indicted by a federal grand jury in September 2023.

Mills and Martin are anticipated to plead responsible to the state fees as effectively. A trial date in state court docket has not been set.

On Monday, the decide learn a listing of potential witnesses that features Martin, Mills and two different former officers. Preston Hemphill fired his stun gun on the visitors cease scene however didn’t observe Nichols to the place different officers pummeled him. Hemphill was fired. Dewayne Smith was the supervising lieutenant who arrived on scene after the beating. He retired instead of being fired.

Tennessee Gov. Invoice Lee on Tuesday informed reporters that Nichols’ dying “by no means ought to have occurred,” however that “steps have been made to enhance on the circumstances within the metropolis of Memphis and within the Memphis Police Division.”

“That household will at all times be endlessly modified due to that loss,” Lee mentioned when requested immediately concerning the trial. “And we speak loads about redemption. And what we’ve got to hope is that the redemption that comes with justice shall be executed right here on this case.”

Earlier this yr, Lee and different Republican lawmakers clashed with Nichols’ mom and stepfather because the state repealed Memphis police reforms applied after their son’s dying. One of many voided metropolis ordinances had outlawed so-called pretextual visitors stops, comparable to for a damaged taillight and different minor violations.

Deon J. Hampton reported from Memphis and Corky Siemaszko from New York Metropolis.