Three former Memphis police officers charged in the January 2023 beating death of Tyre Nichols stood by his body and laughed after they punched, kicked and struck him with a baton in an attack that a prosecutor says was punishment because he tried to run away.
The former officers are standing trial accused of federal civil rights violations. Assistant U.S. Attorney Elizabeth Rogers said during opening statements Wednesday that the officers were punishing Nichols for fleeing a traffic stop and she used the term “run tax” — police slang for disciplining a subject who tries to escape. She said the force they used did not match Nichols’ actions, and she warned jurors they would see videos of the beating. Footage of the attack was publicly released just weeks after his death.
Rogers also said officers were just standing around in the “crucial” minutes when Nichols’ heart stopped, when they could have helped him.
“You won’t see Tyre Nichols pose a threat to these officers at any time,” Rogers said.
Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to charges that they deprived the 29-year-old Nichols of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. Two others, Emmitt Martin III and Desmond Mills Jr., have already pleaded guilty to the federal charges. Rogers said Wednesday that Martin and Mills will testify.
Bean’s lawyer, John Keith Perry, began crafting a defense before jurors as opening statements continued Wednesday.
Perry said Nichols drove 2 miles (3 kilometers) after the officers put their blue lights on to stop him, was not complying with orders to give them his hands, and was “fighting like hell” with police. Perry said video from a sky cop camera would show Nichols acting suspiciously and evidence would show the officers are not guilty.
“The narrative you hear here will take you five minutes to deliberate on,” Perry said.
Nichols, who was Black, died in a hospital on Jan. 10, 2023, three days after he was hit with pepper spray and a stun gun during a traffic stop, then kicked, punched and hit with a police baton. Police video released that month showed the five officers, who also are Black, beating Nichols as he yelled for his mother about a block from her home. Video also showed the officers milling about and talking with each other as Nichols sat on the ground, struggling with his injuries.
“They stood by his dying body and laughed,” Rogers said. She said the officers were angry that Nichols ran away and that the pepper spray they used during the traffic stop had affected them too. They talked about hitting Nichols with “so many pieces” and “straight haymakers,” which is slang for punches, Rogers said.
The officers said Nichols was pulled over for reckless driving, but Memphis’ police chief has said there is no evidence to substantiate that claim. Rogers said Martin saw Nichols’ car speed up to beat a red light and officers tried to stop him.
An autopsy report showed Nichols died from blows to the head and that the manner of death was homicide. The report described brain injuries, and cuts and bruises to the head and other areas.
Haley’s lawyer, Michael Stengel, said during his opening statements that the traffic stop became “high risk” because Nichols didn’t quickly pull over then stopped in a turning lane. When Haley pulled Nichols from the car, Haley can be heard on the video telling Nichols to “let go” of his gun, Stengel said.
Stengel said Haley was busy washing the pepper spray from his eyes and arrived at the location of the beating after the other officers had already hit Nichols several times.
Haley kicked Nichols once in the upper arm then called for an ambulance, Stengel said. Haley also took a photo of the injured Nichols and sent it to a few people, Stengel said.
“That was wrong,” Stengel said, but “not a federal crime.”
All five officers belonged to a crime suppression team called the Scorpion Unit. They were all fired for violating Memphis Police Department policies after Nichols’ death and the unit was disbanded.
They were also charged with second-degree murder in state court, where they pleaded not guilty, although Mills and Martin are expected to change their pleas. A trial date in state court has not been set.
Nichols worked for FedEx, enjoyed skateboarding and photography, and was the father of a boy who is now 7 years old.
Nichols’ family, their legal team and supporters held a prayer vigil outside the courthouse during a break in proceedings Wednesday afternoon.
“Our hope is that they’re found guilty and to show the world that my son was a good person and he wasn’t the criminal that they’re trying to make him out to be,” RowVaughn Wells, Nichols’ mother, told reporters.
