Attorneys for two of the three former Memphis police officers facing charges in the January 2023 beating death of Tyre Nichols rested their cases on Monday.
Demetrius Haley’s and Tadarrius Bean’s lawyers said they wouldn’t call any more witnesses to the stand, according to WATN. The two ex-officers did not testify at the trial, but Justin Smith, the third defendant, might be called to the stand. Martin Zummach, Smith’s attorney, said in opening arguments that the former officer will testify, according to WATN.
Smith, Bean and Haley were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison if convicted, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
Emmitt Martin III and Desmond Mills Jr., the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.
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.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records.
Michael Stengel, Haley’s lawyer, and John Perry, Bean’s attorney, each called for the testimony of police-use-of-force experts in previous days attempting to justify the officers’ actions during the encounter with Nichols.
Zummach called Jared Zwickey, who had been in law enforcement for 50 years, to the stand as an expert witness, according to WATN. Zwickey testified that the actions of Smith, who was characterized as the unit’s team leader, were consistent with Memphis police and national policing standards and training.
“Hit him,” Smith could be heard saying on police body camera video during the beating, according to WATN.
“It’d be appropriate if the officer needed help,” Zwickey said when asked if Smith’s statement was appropriate during the Nichols’ encounter.
Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition.
Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.
After the police encounter, Nichols was transferred to the hospital in critical condition. 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.
The prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
ABC News’ Deena Zaru and Sabina Ghebremedhin contributed to this report.
The federal trial of two former police officers accused in the death of Tyre Nichols has been ongoing for several weeks, with the defense team for the officers recently concluding their arguments. The case has garnered significant attention and sparked conversations about police accountability and the use of force.
The two officers, whose names have not been disclosed to the public, were charged with excessive force and violating Nichols’ civil rights during an altercation that took place last year. Nichols, a 23-year-old Black man, died after being restrained by the officers during a routine traffic stop.
Throughout the trial, the defense team has argued that the officers were acting in self-defense and following protocol when they restrained Nichols. They have presented evidence and witness testimonies to support their claims, including footage from body cameras worn by the officers during the incident.
The defense team has also emphasized the dangerous nature of police work and the split-second decisions that officers are often forced to make in high-stress situations. They have painted a picture of Nichols as a threatening and aggressive individual who posed a danger to both the officers and the public.
On the other hand, the prosecution has argued that the officers used excessive force and violated Nichols’ rights by continuing to restrain him even after he was subdued. They have pointed to discrepancies in the officers’ testimonies and inconsistencies in their accounts of the events leading up to Nichols’ death.
The trial has brought to light the complexities and challenges of holding law enforcement accountable for their actions. It has also highlighted the need for transparency and accountability in police departments across the country.
As the trial comes to a close, all eyes are on the jury as they deliberate on the fate of the two former officers. The outcome of this case will undoubtedly have far-reaching implications for the future of police reform and accountability in the United States.
