3 former Memphis officers acquitted in fatal beating of Tyre Nichols
after he fled a traffic stop
[May 08, 2025]
By ADRIAN SAINZ and KRISTIN M. HALL
MEMPHIS, Tenn. (AP) — Three former Memphis officers were acquitted
Wednesday of all 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.
An out-of-town jury from a majority-white county 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, which is majority-Black. After the jury's verdict was read, the
defendants hugged their lawyers as relatives of the former officers
cried. Outside the courtroom, 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, though they were acquitted of
the most serious charges there, 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.
Bean and Smith are out on bond and under house arrest after their
federal convictions. Haley is being held in federal prison.
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 with
his injuries, video that prompted intense scrutiny of police in Memphis.
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, did not stand trial in state court after they
agreed to a plea deal 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.
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A portrait of Tyre Nichols is displayed at a memorial service for
him on Tuesday, Jan. 17, 2023 in Memphis, Tenn. Nichols was killed
during a traffic stop with Memphis Police on Jan. 7. (AP
Photo/Adrian Sainz, File
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 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, but
didn’t. He admitted Nichols never punched or kicked any of the
officers.
But Mills also bolstered the defense's case when he said Nichols was
actively resisting arrest and not complying with orders to present
his hands to be cuffed. Under cross-examination, he indicated he
would not have struck Nichols if Nichols had put his hands behind
his back. He also agreed that an officer is not safe until a suspect
is handcuffed and searched for a weapon.
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 jury for the state trial was chosen in Hamilton County, which
includes Chattanooga, after Judge James Jones Jr. ordered the case
be heard from people outside of Shelby County, which includes
Memphis. Defense lawyers for the officers had argued that intense
publicity made seating a fair jury difficult.
Prosecutor Paul Hagerman told reporters outside the courtroom that
the Chattanooga area was chosen for jury selection after the city
was shown in a study to have the least amount of pre-trial publicity
among Tennessee’s largest cities.
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.
The five officers, the city of Memphis and the police chief are
being sued by Nichols’ family for $550 million. A trial has been
scheduled for next year.
___
Associated Press reporters Jonathan Mattise and Travis Loller in
Nashville contributed to this report.
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