Former Memphis police officer Justin Smith, left, arrives at the federal courthouse with attorney Martin Zummach, right, for the second day of jury selection for the trial in the Tyre Nichols case on Sept. 10, in Memphis, Tenn.George Walker IV/The Associated Press
Opening statements were expected Wednesday in the federal trial of three former Memphis police officers charged with federal civil rights violations in the January 2023 beating death of Tyre Nichols.
Prosecutors and defence lawyers are slated to address a jury for the first time in the death of Nichols, which was caught on police cameras and intensified calls for police reform in the U.S. Prosecutors and defence lawyers agreed Tuesday on the 12 jurors and four alternates chosen from a pool of 200 candidates. The trial is expected to last three to four weeks.
Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to charges that they deprived the 29-year-old Nichols of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. Two others, Emmitt Martin III and Desmond Mills Jr., have already pleaded guilty to the federal charges and could testify against their former colleagues.
Nichols, who was Black, died in a hospital on Jan. 10, 2023, three days after he was kicked, punched and hit with a police baton following a traffic stop. Police video released that month showed the five officers, who also are Black, beating Nichols as he yelled for his mother about a block from his home. Video also showed the officers milling about and talking with each other as Nichols sat on the ground, struggling with his injuries.
The officers said Nichols was pulled over for reckless driving, but Memphis’ police chief has said there is no evidence to substantiate that claim.
An autopsy report showed Nichols died from blows to the head and that the manner of death was homicide. The report described brain injuries and cuts and bruises to the head and other areas.
Nichols worked for FedEx, and he enjoyed skateboarding and photography.
“Tyre Nichols’ family have been praying for justice and accountability from the very beginning of this tragedy,” Ben Crump and Antonio Romanucci, the civil rights attorneys representing Nichols’ family, said in a statement Wednesday. “Now that the jury has been selected, they pray that the jury will get all of the evidence and render justice for Tyre.”
All five officers belonged to a crime suppression team called the Scorpion Unit. They were all fired for violating Memphis Police Department policies after Nichols’ death and the unit was disbanded.
They 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.
On Monday, the judge read a list of potential witnesses that includes Martin and Mills, in addition to two other former officers. Preston Hemphill fired his stun gun at the traffic stop scene but didn’t follow Nichols to where other officers pummelled him. Hemphill was fired. Dewayne Smith was the supervising lieutenant who arrived on scene after the beating. He retired instead of being fired.
Tennessee Gov. Bill Lee on Tuesday told reporters that Nichols’ death “never should have happened,” but that “steps have been made to improve on the circumstances in the city of Memphis and in the Memphis Police Department.”
“That family will always be forever changed because of that loss,” the Republican said when asked directly about the trial. “And we talk a lot about redemption. And what we have to hope is that the redemption that comes with justice will be executed here in this case.”
Earlier this year, Lee and Republican lawmakers clashed with Nichols’ mother and stepfather as the state repealed Memphis police reforms implemented after their son’s death. One of the voided city ordinances had outlawed so-called pretextual traffic stops, such as for a broken tail light and other minor violations.