(MEMPHIS, Tenn.) — Jury selection is set to begin Monday in the federal trial of three former Memphis officers charged in connection with the death of Tyre Nichols: Tadarrius Bean, Demetrius Haley and Justin Smith
Nichols, 29, died several days after a January 2023 traffic stop captured in body camera footage and surveillance footage, which allegedly shows officers violently striking Nichols repeatedly and walking around, talking to each other as Nichols was injured and sitting on the ground. His fatal beating triggered protests and calls for police reform.
The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
Five former officers were charged, including Bean, Haley and Smith who are now on trial and have pleaded not guilty, as well as Desmond Mills Jr. and Emmitt Martin III, who have pleaded guilty to some of the federal charges.
Bean, Haley and Smith are accused of violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault, failing to render medical aid, and conspiring to engage in misleading conduct by attempting to falsify or intentionally withholding details of the arrest in statements and to a supervisor.
Police said Nichols was pulled over for reckless driving, though Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that.
While Nichols’ mother has said that first responders told her her son was drunk and high, the autopsy report shows that his blood alcohol level was .049, the DA’s office said. The district attorney’s office told the family that was “well less than the legal limit to drive.”
If convicted, two of the counts in the indictment carry a maximum penalty of life in prison, while the other two each carry a maximum penalty of 20 years in prison, according to the DOJ.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to the court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the online records.
Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
All five former officers also face state felony charges, including second-degree murder, aggravated assault and aggravated kidnapping, in connection with Nichols’ death. They pleaded not guilty.
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