A federal grand jury indicted five former Memphis police officers on Tuesday in connection with the beating death of Tyre Nichols in January. The five ex-officers—Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin III, and Desmond Mills Jr.—have been charged with a variety of federal civil rights and obstruction offenses as they continue to fight second-degree murder charges in state court.
Tyre Nichols, a 29-year-old Black man employed as a FedEx driver, was confronted by the five officers during a traffic stop on the evening of January 7. Police reported that Nichols had been stopped for “reckless driving,” at which point he fled from them on foot following a confrontation. “While attempting to take the suspect into custody, another confrontation occurred; however, the suspect was ultimately apprehended,” the Memphis Police Department said at the time. “Afterward the suspect complained of having shortness of breath, at which point an ambulance was called to the scene.”
Video footage of the entire incident was captured on body cameras and a nearby traffic camera, showing that Nichols sustained a brutal beating from the officers. For several minutes, the five officers kicked, punched, and tased Nichols as he lay on the ground before eventually placing him in handcuffs. Nichols was transported to a local hospital, where he died three days later from blunt-force trauma. His death was ruled a homicide.
Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin III, and Desmond Mills Jr.—all of whom are Black—were fired and promptly charged with aggravated assault, aggravated kidnapping, and second-degree murder. All five pleaded not guilty.
In the wake of Tyre Nichols’ death, the MPD disbanded “Scorpion,” the special crime-fighting unit to which the officers had been assigned, but that did little to mitigate the public backlash. Despite all parties involved being Black, the department was accused of propagating systemic racism and police brutality. Further investigation alleged that some of the officers had joined the department following a reduction in hiring standards implemented in the name of equity in 2020.
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The indictment handed down by the grand jury on Tuesday came as a part of a separate federal case brought against the ex-officers for Nichols’ death. This second case charges the defendants with four counts each of excessive force, deliberate indifference, witness tampering, and obstruction of justice. The indictment ruled that the officers failed to tell medical personnel and their supervisors about the beating in an effort to shield themselves from liability. They were further accused of removing or disabling their body cameras in order to cover up the beating.
The Justice Department responded to the indictment by vowing to hold officers accountable for violating their oath to protect and serve.
“The country watched in horror as Tyre Nichols was kicked, punched, tased, and pepper sprayed, and we all heard Mr. Nichols cry out for his mother and say ‘I’m just trying to go home,’” said Attorney General Merrick Garland. “Officers who violate the civil rights of those they are sworn to protect undermine public safety, which depends on the community’s trust in law enforcement. They dishonor their fellow officers who do their work with integrity every day.”
“Tyre Nichols should be alive today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “It is tragic to see a life cut short at 29, with so many milestones unmet, so many words unsaid, so much potential unfulfilled.”
If convicted, the defendants face life in prison for the first two counts and up to 20 years for the others.
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