New trial ordered for 3 Memphis ex-officers in connection with the
beating death of Tyre Nichols
[August 29, 2025]
By ADRIAN SAINZ and JONATHAN MATTISE
MEMPHIS, Tenn. (AP) — A judge ordered a new trial Thursday for three
former Memphis police officers who were convicted of federal charges in
the fatal beating of Tyre Nichols, after defense lawyers argued that
another judge who presided over their trial was biased in his belief
that at least one of the men was in a gang.
U.S. District Judge Sheryl H. Lipman issued the order for a new trial
for Tadarrius Bean, Demetrius Haley and Justin Smith, who were found
guilty in October 2024 of obstruction of justice through witness
tampering.
The ruling marks the latest setback for prosecutors in a case that
shocked the country when videos were released showing officers violently
kicking and punching Nichols during a traffic stop. The officers who
have been granted a new trial in the federal case were acquitted of
state murder charges in May. And last year federal prosecutors were
unable to secure convictions on the most severe counts against Bean and
Smith.
Two other officers charged, Emmitt Martin and Desmond Mills Jr., pleaded
guilty before the federal trial.
Lipman took over the case in June after U.S. District Judge Mark S.
Norris, who presided over the case and the trial, recused himself days
before the sentencings for the five officers.
In a statement shared by his judicial office Thursday, Norris said,
“Because of the code of judicial conduct, I cannot make a statement on
this matter.”
New trial based on judge’s comments
In her order, Lipman cited a notice filed by the U.S. Attorney’s Office
saying Norris expressed a theory that at least one of the officers was
in a gang.
The notice discussed an incident in which Norris’ law clerk was shot
during a car theft days after the trial ended. The clerk was staying at
the home of another law clerk who had previously worked for Norris on
the Nichols case, it said.
The notice also said police investigators believed some juveniles
committed the shooting; that Norris wanted those responsible held
accountable; and that he “evidenced reasonable frustration with the
police investigation.”
Norris met with the U.S. Attorney’s Office and an FBI agent, who
explained why no federal charges would be brought in the clerk’s
shooting.
Norris indicated that he believed at least one of the former officers
was in a gang and that it was responsible for the shooting, the notice
said. It also said the U.S. Attorney stated that Norris told those
present that the clerk “had been seen by one or more of the Defendants
during the trial.”
An assistant U.S. attorney who attended the May 30 meeting also said she
remembered that Norris told her he could not meet with police to give a
statement because the department was “infiltrated to the top with gang
members,” the notice said.
Allegations of bias
Bean, Haley, and Smith filed motions seeking a new trial, arguing that
Norris was biased and violated their rights to due process by presiding
over the case.
Smith’s lawyer said there was no “suggestion or one hint in the federal
discovery process or the federal trial that any defendant or any member
of the Memphis Police Department was in any way affiliated with an
illegal street gang either through membership or relationship.”
Haley’s lawyer wrote that “Judge Norris made the gang statements on at
least two occasions, demonstrating that it is a firmly held belief, not
an off-hand remark.”
Lipman also unsealed several filings made before and after Norris
recused himself. In one of them, federal prosecutors argued that there
was no evidence that he “harbored any bias before or during trial, let
alone the type of extreme bias that would warrant the extraordinary
remedy of a new trial.”
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This combination of images provided by the Memphis, Tenn., Police
Department shows, from left top, Police Officers Tadarrius Bean,
Demetrius Haley, Emmitt Martin III, bottom row from left, Desmond
Mills, Jr. and Justin Smith. (Memphis Police Department via AP,
File)
Lipman found that while a review showed Norris’ decisions throughout
the trial were “sound, fair, and grounded firmly in the law,” a new
trial is necessary “because the risk of bias here is too high to be
constitutionally tolerable.”
A date for the retrial has not been set. Lipman ordered lawyers to
submit positions on what charges they believe need to be tried.
Smith’s attorney, Martin Zummach, said Lipman “did the right thing.”
Bean's lawyer declined to comment, and Haley's attorney did not
immediately respond to a request. Memphis police also declined to
comment.
Mixed verdict in 2024 trial
Bean, Haley and Smith were found guilty of trying to cover up the
beating by failing to say that they or their colleagues punched and
kicked Nichols and broke police department rules when they did not
include complete and accurate statements about what type of force
they used.
Bean and Smith were acquitted of more serious civil rights charges,
however.
Haley was found guilty of violating Nichols’ civil rights by causing
bodily injury and showing deliberate indifference to medical needs
and also conspiracy to tamper with witnesses.
Bean, Haley and Smith were acquitted in May of all state charges,
including second-degree murder. Haley is in federal custody, but
Bean and Smith are on limited release.
Martin and Mills pleaded guilty in federal court last year to
violating Nichols’ civil rights by causing death and conspiracy to
witness tamper. They did not stand trial in federal court with their
former colleagues.
Martin and Mills also avoided a state court trial after reaching
agreements to plead guilty.
The officers were part of a crime suppression team called the
Scorpion Unit that was disbanded weeks after Nichols died. The team
targeted illegal drugs, guns and violent offenders, and it sometimes
used force against unarmed people.
The Tyre Nichols case
On Jan. 7, 2023, officers yanked Nichols from his car and then
pepper-sprayed and hit the 29-year-old Black man with a Taser.
Nichols fled, and when the five officers, who also are Black, caught
up with him, they punched, kicked and hit him with a police baton.
Nichols called out for his mother during the beating, which took
place steps from his home.
He died three days later.
Video of the beating captured by a police pole camera also showed
the officers milling about, talking and laughing as Nichols
struggled with his injuries.
It prompted intense scrutiny of police in Memphis, nationwide
protests and renewed calls for police reform.
Norris is a former Republican state senator who was confirmed as a
U.S. district judge in West Tennessee in October 2018 after being
nominated by President Donald Trump.
___
Mattise reported from Nashville, Tennessee.
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