XPost: talk.politics.guns, memphis.general, alt.law-enforcement
XPost: sac.politics, alt.culture.african.american.issues

MEMPHIS, Tenn. (AP) — Three former Memphis officers were acquitted
Wednesday of 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.

A jury 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. 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 last year, though they were
acquitted of the most serious charges then, 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.

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. Five
officers who are also Black caught up with him and punched, kicked and
hit him with a police baton, struggling to handcuff Nichols 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, video
that prompted intense scrutiny of police in Memphis, a majority-Black city.

Civil rights attorney Ben Crump, who represents Nichols’ family, issued
a statement expressing outrage at the outcome of 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 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.”

Defense attorneys said Martin was responsible for the most violence
Former Memphis officers Desmond Mills Jr. and Martin, who were also
involved in the beating, have agreed to plead guilty to the state
charges and did not stand trial under deals with prosecutors. They also
pleaded guilty in federal court, where sentencing for all five officers
is pending.

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 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 to stop the beating and failed to tell
medical personnel that Nichols had been hit repeatedly in the head.

The defense argued that Nichols was resisting arrest
Mills acknowledged on the stand that he had a duty to intervene to stop
the beating, but didn’t. But Mills also said Nichols was actively
resisting arrest and not complying with orders to present his hands to
be cuffed. He indicated he would not have struck Nichols if Nichols had
put his hands behind his back.

Martin Zummach, Smith’s attorney, asked Mills if an officer is safe if a suspect is not handcuffed and searched for a weapon. Mills said they
were not safe in that circumstance.

Mills acknowledged that the officers were afraid and exhausted, but said
some of the methods used on Nichols complied with police department
policies, including using wrist locks and hitting with a baton.

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 defense also suggested Nichols was on drugs, giving him the strength
to fight off five strong officers. Some mushrooms containing the
hallucinogenic psilocybin were also found in his car, a TBI agent
testified. However, a toxicology report showed Nichols only had alcohol
and a small amount of marijuana in his system.

Mills admitted Nichols never punched or kicked any of the officers.

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.

https://www.sfgate.com/news/article/jury-deliberates-for-2nd-day-in-trial-of-3-former-20315058.php

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