×

5 Memphis cops charged with murder in Tyre Nichols’ death

This combo of images provided by the Memphis Police Department shows from top left, officers Tadarrius Bean, Demetrius Haley, Emmitt Martin III, and bottom from left, officers Desmond Mills, Jr. and Justin Smith. Memphis was on edge Monday, jan. 23, 2023 ahead of the possible release of video footage of a Black man's violent arrest that has led to three separate law enforcement investigations and the firings of these five police officers after he died in a hospital. (Memphis Police Department via AP)

MEMPHIS, Tenn.. (AP) — Five former Memphis Police Department officers have been charged with second-degree murder and other crimes in the arrest and death of Tyre Nichols, a Black motorist who died three days after a confrontation with the officers during a traffic stop, records showed Thursday.

Shelby County Sheriff’s Office online records show that Tadarrius Bean, Demetrius Haley, Desmond Mills, Jr., Emmitt Martin III and Justin Smith were in custody. All five are charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression.

Defense attorney William Massey confirmed to The Associated Press that his client, Emmitt Martin III, had been charged and had turned himself in.

It was not immediately clear if Smith had a lawyer to speak on his behalf about the charges. Blake Ballin, the lawyer for Mills, said he planned to hold a news conference later Thursday.

Shelby County District Attorney Steve Mulroy said he would provide an update on the state’s investigation Thursday afternoon.

A portrait of Tyre Nichols is displayed at a memorial service for him on Tuesday, Jan. 17, 2023 in Memphis, Tenn. Nichols was killed during a traffic stop with Memphis Police on Jan. 7. (AP Photo/Adrian Sainz)

Video footage of the arrest has not been made public, but officials have pledged to release it this week or next week.

The Memphis police chief has called the actions of five officers involved in the violent arrest of Nichols “heinous, reckless and inhumane” and made a plea to residents of the city to protest peacefully when video of the arrest is released to the public.

“This is not just a professional failing. This is a failing of basic humanity toward another individual,” Memphis Police Director Cerelyn “CJ” Davis said in a video statement that was released late Wednesday on social media.

The five Black officers found to be “directly responsible for the physical abuse of Mr. Nichols,” who also was Black, were fired last week, but Davis said other officers are still being investigated for violating department policy. In addition, she said “a complete and independent review” will be conducted of the department’s specialized units, without providing further details.

As state and federal investigations continue, she promised “full and complete cooperation” from the Memphis Police Department to determine what contributed to Nichols’ death three days after his Jan. 7 arrest.

FILE - Family members and supporters hold a photograph of Tyre Nichols at a news conference in Memphis, Tenn., Jan. 23, 2023. The U.S. Attorney’s Office said Wednesday, Jan. 25, 2023 the federal investigation into the death of a Black man who died after a violent arrest by Memphis police “may take some time.” Speaking during a news conference, U.S. Attorney Kevin G. Ritz said his office is working with the Justice Department's Civil Rights Division in Washington as it investigates the case of Tyre Nichols, who died three days after his Jan. 7 arrest. (AP Photo/Gerald Herbert, file)

Video footage of the arrest has been shown to Nichols’ family, but has not been made public, though local officials have pledged to release it this week or next week.

Mulroy told The Associated Press on Tuesday that local and state investigators want to complete as many interviews as possible before releasing the video. The timetable has rankled some activists who expected the video to be released after Nichols’ family viewed the footage Monday.

Ben Crump, the attorney representing Nichols’ family, said police video the family viewed showed Nichols — a 29-year-old FedEx worker and father — was shocked, pepper-sprayed and restrained when he was pulled over for a traffic stop near his home. He was returning home from a suburban park, where he had taken photos of the sunset. The legal team said officers beat Nichols for three minutes in a “savage” encounter reminiscent of the infamous 1991 police beating of Los Angeles motorist Rodney King.

Relatives have accused the police of causing Nichols to have a heart attack and kidney failure. Authorities have only said Nichols experienced a medical emergency.

When video of the arrest is publicly released, Davis said she expects the community to react.

FILE - Kenyana Dixon is comforted during a rally for her brother Tyre Nichols at the National Civil Rights Museum on Jan. 16, 2023. Nichols was killed during a traffic stop with Memphis Police on Jan. 7. Memphis was a city on edge Monday, Jan. 23, 2023 amid anticipation of the release of video footage of a Black man's violent arrest and subsequent death that has led to three separate law enforcement investigations and the firings of five police officers. (Mark Weber/Daily Memphian via AP, file)

“I expect our citizens to exercise their First Amendment right to protest, to demand actions and results, but we need to ensure our community is safe in this process,” she said. “None of this is a calling card for inciting violence or destruction on our community or against our citizens.”

Davis said the fired officers’ actions aren’t a reflection of the good work that many Memphis Police Department officers do every day and she pledged to take action to make improvements at the agency.

“It is my intent, as a proactive measure, to ensure that a complete and independent review is conducted on all of the Memphis Police Department’s specialized units and the commitment of my executive leadership to ensure that policies and procedures are adhered to in our daily encounters with the citizens we are sworn to serve,” she said.

____

Reynolds reported from Lexington, Kentucky.

NEWSLETTER

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *

Starting at $4.15/week.

Subscribe Today