Former Memphis police officers charged in death of Tyre Nichols face federal indictment

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DOJ charging officers in Tyre Nichols' death

Former NYPD Lt. Darrin Porcher provides insight on the case on "America Reports."

Five former Memphis, Tennessee, police officers charged by the state in the Jan. 10 death of Tyre Nichols are now named in a federal indictment. 

Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills and Justin Smith have been indicted by the Department of Justice for excessive force and failure to intervene, deliberate indifference, conspiracy to witness-tampering and obstruction of justice.

All five men had served as part of the Memphis Police Department's now-deactivated SCORPION (Street Crimes Operation to Restore Peace in Our Neighborhoods) unit.

TYRE NICHOLS CASE: MEMPHIS JUDGE DELAYS RELEASE OF VIDEO AND RECORDS

Tyre Nichols was just minutes from his home in Memphis, Tennessee, on Jan. 7, 2023, when he was pulled over by police and fatally beaten. Five Memphis police officers have since been charged with second-degree murder and other offenses. (Courtesy of the Nichols family via AP)

"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,’" U.S. Attorney General Merrick Garland in a video statement. "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."

Nichols, 29, died days after a Jan. 7 traffic stop for alleged reckless driving. During the encounter, a "confrontation occurred," police said, which led to Nichols running away from officers.

When officers caught up with Nichols, another confrontation occurred, which led to Nichols complaining about shortness of breath, officials said.
 

From left, Desmond Mills, Demetrius Haley, Justin Smith, Emmitt Martin and Tadarrius Bean of the Memphis Police Department Officers were fired on Jan. 18 for their alleged role in the arrest and death of Tyre Nichols. The officers face state charges and are named in a federal indictment. (Shelby County Jail)

"While attempting to take the suspect into custody, another confrontation occurred; however, the suspect was ultimately apprehended," the MPD said in a statement at the time. "Afterward the suspect complained of having shortness of breath, at which point an ambulance was called to the scene."

A medical examiner's report reviewed by Nichols' family through their attorneys, Ben Crump and Antonio Romanucci, states that the manner of death was a homicide and that Nichols died from blunt-force trauma.

The five officers were eventually fired from the police force. They also face state charges, including second-degree murder and aggravated assault.

In video footage of the encounter taken from police body cameras, officers can be seen punching, kicking and striking Nichols with a baton several times.

Elite policing units like the former SCORPION team in Memphis, Tennessee, have drawn criticism after the fatal beating of Tyre Nichols. (City of Memphis via AP / File)

The federal indictment alleges the officers knew Nichols had serious injuries but failed to render medical aid and to tell medical personnel of the circumstances of his injuries. They are also suspected of attempting to cover up their actions by providing false statements to their superiors and to those tasked with writing reports about the arrest.

Federal prosecutors said they also failed to tell Memphis police and fire personnel that they had struck Nichols.

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In July, the Justice Department announced a pattern-or-practice investigation into the Memphis Police Department to determine whether there are systemic violations of the Constitution or federal law.