MEMPHIS, Tenn. (AP) 鈥� Three former Memphis officers were acquitted Wednesday of all state charges, including second-degree murder, in the fatal beating of 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, 鈥淭hank you, Jesus!鈥�
Martin Zummach, Smith鈥檚 attorney, told The Associated Press by text: 鈥淚t鈥檚 easy to defend a good person. It鈥檚 nerve racking to represent an innocent man. 鈥�
The three defendants still face the prospect of years in prison after they were , 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.
, 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 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鈥� family, issued a statement expressing outrage at the outcome of the trial.
鈥淭oday鈥檚 verdicts are a devastating miscarriage of justice,鈥� the statement reads. 鈥漈he world watched as Tyre Nichols was beaten to death by those sworn to protect and serve.鈥�
Memphis District Attorney Steve Mulroy said he respects the jury but thinks the evidence was there for every charge that prosecutors brought.
鈥淲as I surprised that there wasn鈥檛 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.鈥�
He said he spoke to Nichols鈥� family briefly and, 鈥淭hey were devastated. ... I think they were outraged, and we can understand why they would be outraged, given the evidence.鈥�
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.
Mills testified for the prosecution, saying he regrets his failure to stop the beating, which led to Nichols鈥� death from 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鈥檛. 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.
鈥淭his is Emmitt Martin鈥檚 and Tyre Nichols鈥� doing,鈥� 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.
In December, the U.S. Justice Department said 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鈥� family for $550 million. A trial has been scheduled for next year.
Adrian Sainz And Kristin M. Hall, The Associated Press
