Death of Tire Nichols: Three officers convicted of witness tampering in the fatal beating of Tire Nichols, but acquitted of the most serious charge

Memphis, Tennessee
AP
—

Three former Memphis police officers were convicted Thursday of the fatal 2023 beating of Tire Nichols but acquitted of the most serious charges they faced in a death that sparked nationwide protests and calls for sweeping changes in policing.

Jurors deliberated for about six hours before reaching mixed verdicts for Tadarrius Bean, Demetrius Haley and Justin Smith.

All were convicted of witness tampering in connection with the cover-up of the beating, but Bean and Smith were acquitted of civil rights charges. Haley was acquitted of violating Nichols' civil rights resulting in death, but was convicted of the lesser charge of violating his civil rights resulting in death. He was also convicted of conspiracy to commit witness tampering, of which the others were acquitted.

The court was silent as the verdicts were announced.

The judge ordered all three officers detained. He planned to hold a hearing Monday to hear from defense attorneys about whether they could be released pending sentencing. The witness tampering charge carries a prison sentence of up to 20 years. The civil rights lawsuit against Haley calls for a prison sentence of up to 10 years. If convicted of the most serious charges, they would have faced life in prison.

The ruling represented a partial setback for prosecutors who failed to secure convictions on civil rights violations against two officers who played an active role in the altercation. Jurors repeatedly watched graphic clips of police videos that showed officers punching and kicking Nichols and hitting him with a police baton just steps from his home as the 29-year-old called for his mother.

Body camera video shows initial interaction with police that led to Tire Nichols' death

Bean and Smith were seen on video wrestling with Nichols, holding his arms and punching him at the same time. However, the jury was not convinced that these actions constituted a civil rights violation. An FBI agent said Smith told him he hit Nichols, but defense attorneys argued Bean and Smith merely slapped Nichols' hands away as they tried to handcuff him.

Rodney Wells, Nichols' stepfather, told The Associated Press outside the courtroom: “A win is a win. They’re all going to jail.”

Five officers were charged in Nichols' death, but two pleaded guilty and testified against members of their old crime-fighting unit.

Prosecutors argued that Nichols was beaten because he ran from a traffic stop, saying it was part of a common police practice known in officer parlance as a “road tax” or “walking tax.” They said the officers lied to a supervisor, medical professionals who cared for Nichols and required written reports about the level of force they used.

“This has been a long journey for our family,” RowVaughn Wells, Nichols' mother, told reporters. “I'm in shock right now because I still can't believe what's happening. But we are happy that they were all convicted and arrested.”

Attorneys for Bean, Smith and Haley did not respond to requests for comment sent by phone, text or email after the verdict.

Nichols, a Black man, ran from the traffic stop despite being attacked with pepper spray and a Taser. The five officers who were fired after the beating are also black.

One of the most emotional statements in court came from one of the officers, Desmond Mills, who took a deal in which prosecutors are seeking up to 15 years in prison. He tearfully testified that he was sorry for the beating, that it had left Nichols' infant son fatherless and that he wished he would stop the beating. He later testified that he agreed to a cover-up in the hope that Nichols would survive and the whole thing would “come to an end.”

Nichols died on January 10, 2023, three days after the beating. His son is now 7 years old.

The other officer who reached an agreement with prosecutors, Emmitt Martin, testified that Nichols was “helpless” when the officers beat him and that the officers later understood “they weren't going to tell me and I wouldn't tell on her.” As part of his plea agreement, prosecutors are proposing a prison sentence of up to 40 years.

The defenders tried to portray Martin as the main attacker. Martin testified that Nichols was not a threat, but admitted that he punched and kicked Nichols in the head.

Police video shows officers walking around and talking as Nichols battles his injuries. An autopsy report shows he died from a blow to the head. The report describes brain injuries as well as cuts and bruises to the head and other areas.

The five officers were also charged with second-degree murder in state court, where they pleaded not guilty, although Mills and Martin are expected to change their pleas. A trial date in state court has not been set.