Federal Charges Levied Against 5 Former Memphis Police Officers Over Tyre Nichols’ Death

This combo of images provided by the Memphis Police Department shows (top L–R) former officers Tadarrius Bean, Demetrius Haley, Emmitt Martin III, (bottom L–R) Desmond Mills Jr., and Justin Smith. Memphis Police Department via AP

A federal grand jury in Memphis, Tennessee, indicted five ex-Memphis Police Department (MPD) detectives on counts of federal civil rights violations, conspiracy, and obstruction, all linked to the death of 29-year-old Tyre Nichols during a Jan. 7 traffic stop.

Mr. Nichols’ death, which occurred after he was beaten, pepper sprayed, and shocked with a stun gun by the officers, ignited national outrage.

“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,’” Attorney General Merrick Garland said Tuesday in the announcement of the indictments. “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. The Justice Department will continue to hold accountable officers who betray their oath.”

In July, the Department of Justice announced the launch of a wide-reaching investigation into the City of Memphis and MPD, seeking to establish whether there are systematic violations of the Constitution or federal law, especially in relation to MPD’s use of force, discriminatory policing, and procedures involving stops, searches, and arrests.

“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. These federal charges reflect the Justice Department’s unwavering commitment to protecting the constitutional and civil rights of every American and preserving the integrity of the criminal justice system.

Five Officers Indicted

The former detectives—Emmitt Martin III, 31; Tadarrius Bean, 24; Demetrius Haley, 30; Desmond Mills, Jr., 33; and Justin Smith, 28—previously part of a controversial MPD SCORPION team, are accused of willfully depriving Mr. Nichols of his constitutional rights.

Count one alleges the officers, aided and abetted by one another, assaulted Mr. Nichols and didn’t intervene in the unlawful assault, leading to his bodily injury and death.

Count two accuses the officers of overlooking Mr. Nichols’ severe medical needs, even when they were evidently aware of them, leading to further injuries and eventually, his death.

Count three states that the detectives conspired to conceal their unlawful force by omitting vital information and feeding misleading details to their supervisor and other officers. This included allegations of providing false details in the Response to Resistance Reports and discussions about assaulting Mr. Nichols.

Protesters face off with a line of police officers during a rally against the fatal police assault of Tyre Nichols, outside the LAPD headquarters in Los Angeles on Jan. 27, 2023. Frederic J. Brown/AFP via Getty Images

Count four asserts obstruction by the officers by providing misleading details regarding Mr. Nichols’ arrest to MPD officers.

Convictions on counts one and two could lead to life imprisonment, while counts three and four carry a penalty of up to 20 years each.

While these federal charges are the focus of the Justice Department’s Tuesday announcement, more charges could come from the DOJ’s civil pattern or practice investigation into the MPD and the separate charges brought forward by the state of Tennessee against these officers.

January Traffic Stop Goes Wrong

Mr. Nichols was pulled over in Memphis for alleged reckless driving earlier this year. A confrontation ensued, leading Mr. Nichols to flee, according to video released by MPD in the days following his death. When officers caught him, they reportedly beat him, resulting in his death three days later.

His family has since filed a $550 million lawsuit against the city and the MPD. High-profile attorney Ben Crump, representing the family, likened the incident to an “extrajudicial killing” in an April press conference announcing the suit.

Mr. Crump’s lawsuit alleges complicity from the city and police leadership and particularly criticizes the SCORPION unit of the MPD. This special unit, introduced in November 2021, aimed at tackling rising crime in Memphis. However, the unit faced heavy scrutiny following Mr. Nichols’ death and was eventually disbanded.

“[This is a] landmark lawsuit against the Memphis Police Department and the City of Memphis,” Mr. Crump declared at the time. He alleged similar units, known colloquially as “jump-out boys,” are a source of distrust within the black community and law enforcement.

The suit also alleged that the controversial SCORPION unit was inspired by Atlanta’s “red dog” unit, which was disbanded in 2011 following a federal civil rights lawsuit. It claims these units are emblematic of “institutionalized police oppression.”

Rodney and RowVaughn Wells, Mr. Nichols’ parents, have been vocal in calling for accountability since their son’s death.

During an April press conference, Ms. Wells expressed her grief and emphasized the need for change.

“My son was here on an assignment, and he’s fulfilled that assignment. God took him home, but now it’s my turn to make sure that my son’s death does not go in vain,” she said. She also stressed the importance of accountability over monetary compensation.

The federal charges announced this week differ from previous state charges and the Justice Department’s civil investigation into MPD’s practices. The case remains under the scrutiny of the FBI Memphis Field Office, and Assistant U.S. Attorneys David Pritchard, Elizabeth Rogers, and others will prosecute.