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Killing of Tyre Nichols

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Killing of Tyre Nichols
Still image from pole-mounted Skycop CCTV footage
Date
  • ·January 7, 2023
  •    (traffic stop)
  • ·January 10, 2023
  •    (death)
Time≈Tooltip Approximation 8:34 p.m. (CST)
LocationMemphis, Shelby County, Tennessee, U.S.
Coordinates35°01′48″N 89°50′21″W / 35.03013°N 89.83903°W / 35.03013; -89.83903[1]
TypePolice brutality
DeathsTyre Nichols
Accused
  • ·Tadarrius Bean
  • ·Demetrius Haley
  • ·Emmitt Martin III
  • ·Desmond Mills Jr.
  • ·Justin Smith
Charges

Tyre Nichols, a 29-year-old Black man, was assaulted after fleeing from a traffic stop. Five Black officers of the Memphis Police Department (MPD) in Tennessee who were all members of MPD's specialized police unit called SCORPION are charged with the assault. After the incident, Nichols was hospitalized in critical condition where he died three days later. The MPD officers have been dismissed and arrested. The SCORPION unit has been disbanded.

The officers claimed to have stopped Nichols for reckless driving.[a] After pulling Nichols out of his vehicle, they used pepper spray and a taser to attempt to subdue Nichols as they attempted to detain him. Nichols managed to run away to within 100 yards of his mother's house before the officers caught up to him. After restraining him, they are accused of punching him, kicking his head, and striking his back with an ASP baton for three minutes. Both the Tennessee Bureau of Investigation and the United States Department of Justice opened investigations into potential police misconduct.

An official autopsy has not been released. Nichols' family commissioned a preliminary autopsy which found "extensive bleeding caused by a severe beating". The five officers were arrested on January 26 and charged with Second degree murder, kidnapping, aggravated assault, and misconduct. They have pled not guilty. Two Memphis Fire Services EMTs plus a fire lieutenant were relieved of duty and subsequently fired for their alleged failure to medically evaluate or assist Nichols. They are appealing.

MPD publicly released four edited video clips from police body cameras and a nearby Skycop camera. In reaction to the videos, widespread protests began on January 27.

Thirteen police officers have been disciplined, relieved of duty, dismissed, or arrested; including an officer involved in the initial traffic stop and alleged tasing but not in the subsequently filmed assault and beating.[b]

People involved

Tyre Nichols

Tyre Deandre Nichols (/ˈtaɪ.ri ˈnɪk.əlz/ TY-ree;[5] June 5, 1993 – January 10, 2023)[6] was a 29-year-old Black man. Nichols worked for FedEx,[7][8] and was an amateur photographer with a photography website.[9][10][11]

Nichols was raised in Sacramento, California, and moved to Memphis in 2020.[12] According to his family's attorney, Nichols was "almost impossibly slim" due to Crohn's disease, and weighed 145 pounds (66 kilograms) at a height of 6 feet 3 inches (1.91 meters).[13]

Police officers

The five Black Memphis Police Department (MPD) officers accused of assaulting and beating Nichols in connection to the traffic stop each had two to six years of police experience.[14][15][16]

  1. Tadarrius Bean, 24, hired in August 2020
  2. Demetrius Haley, 30, hired in August 2020 (a former corrections officer; First officer at initial traffic stop [17])
  3. Emmitt Martin III, 30, hired in March 2018 (Second officer at initial traffic stop [17])
  4. Desmond Mills Jr., 32, hired in March 2017 (a former jailer in Mississippi and Tennessee)
  5. Justin Smith, 28, hired in March 2018.[16]

Four out of the five officers had previously either been reprimanded or suspended by MPD for various offenses.[18] All five were members of an MPD 30-person specialized hot spot policing unit known as SCORPION (street crimes operation to restore peace in our neighborhoods).[19] SCORPION was assembled in October 2021 to deal with serious crimes, and was disbanded in the wake of the incident.[20][21] SCORPION unit officers drove unmarked cars and many dressed in plainclothes and wore bulletproof vests marked "Police".[22]

Traffic stop and death

External videos
Footage published by the City of Memphis
video icon Video 1 – MPD body camera footage, initial traffic stop (from Officer Preston Hemphill)[23]
video icon Video 2 – From pole-mounted CCTV camera footage, second detainment location
video icon Video 3 – MPD body camera footage, second detainment location (from Officer Desmond Mills Jr.)[24]
video icon Video 4 – MPD body camera footage, from the second detainment location

Nichols was two minutes away from his home when he was stopped by MPD at 8:24 p.m. on January 7, 2023. Officers Haley, Martin, and Preston Hemphill[25] conducted the initial stop of Nichols' at the intersection East Raines Road and Ross Road,[26] with police vehicles surrounding his car on three sides. The body-worn camera footage released by the City of Memphis on January 27, does not "show any activity earlier than an officer responding to a stop in progress ..."[27]

At the traffic stop, Haley[28] pulled Nichols out of his car as Nichols said: "I didn't do anything." An officer shouted: "Get on the fuckin' ground ... I'm gonna tase your ass."[29] Officers pushed Nichols to the ground. At about 8:25 p.m., a struggle began between the officers and Nichols; they attempted to force Nichols to lie on his stomach on the ground and to put his hands behind his back, while threatening him, yelling expletives, and using pepper spray and a taser on him.[30] The pepper spray also hit several of the other officers.[29] Ultimately, Nichols broke free and ran south on Ross Road, where he was pursued by at least two officers. Two more police units arrived at the scene around 8:29 p.m.[31] Footage showed that one officer who remained at the area of the traffic stop said, "I hope they stomp his ass".[32]

Officers Bean, Mills, and Smith caught up to Nichols at 8:33 p.m. at Castlegate Lane and Bear Creek which is approximately a half a mile (800 meters) away from the original traffic stop.[28] Footage from a pole-mounted Skycop CCTV camera showed an officer using his leg to push Nichols hard to the ground, then officers pulled Nichols up by his shoulders and kicked him twice in the face. The Skycop camera lacks audio.[33] Body camera footage recorded an officer shouting to Nichols: "I'm going to baton the fuck out of you." The Skycop footage showed officers pulling Nichols into a sitting position and striking his back with a baton, then bringing him to a kneeling position and striking him again. After that, officers pulled Nichols to a standing position and restrained his hands; during this time, Nichols was repeatedly punched in the face by officers, and eventually fell to a kneeling position. Within the next minute, Nichols appeared to be kicked by an officer.[30] The footage shows at least five punches to Nichols' face.[34] Fox News reported that, in the videos, "Nichols can be heard calling out to his mother before police beat him into a daze".[27] The New York Times reported that Nichols "does not appear to ever strike back" at the officers.[35]

By 8:37 p.m., Nichols was handcuffed and limp; officers propped him against the side of a police car.[36] After Nichols was on the ground, the involved officers convened and shared their stories about the arrest. In the body-worn camera footage, Michael Ruiz of Fox News reported, "officers can be heard discussing his alleged driving, 'swerving' and nearly hitting one of them".[37] One officer bragged: "I was hitting him with straight haymakers, dog", while another exclaimed: "I jumped in, started rocking him."[38]

Medics arrived around 8:41 p.m. but did not begin to assist Nichols until 16 minutes later. An ambulance arrived at 9:02 p.m. and took Nichols to St. Francis Hospital at 9:18 p.m. after he complained of shortness of breath.[31]

On scene, video footage showed officers issued at least 71 commands over 13 minutes; The New York Times article described the orders as "often simultaneous and contradictory", and "sometimes even impossible to obey", citing an example where the officer who struck Nichols with a baton was shouting "Give us your hands!", but another officer was already manipulating Nichols' handcuffed arm; then when an officer shouted: "Give me your fucking hands!", Nichols had one officer pinning his arms behind his back, a second officer holding his handcuffed wrist, and a third officer punching Nichols' face.[39]

On January 8, the department stated that the traffic stop of Nichols was due to reckless driving.[2][3] On January 27, Memphis Police Chief Cerelyn J. Davis stated that her department reviewed footage, including from body cameras regarding the traffic stop and the arrest, to "determine what that probable cause was and we have not been able to substantiate that – ... It doesn't mean that something didn't happen, but there's no proof."[2][3][40]

Nichols died in the hospital on January 10.[41]

Charges and actions

The MPD sent a change of status form, summary of charges, hearing summary, and decertification request to the Tennessee Peace Officers Standards and Training Commission (POST), informing them that the five accused MPD officers were relieved of duty effective January 8, 2023.[42][43]

MPD Deputy Chief M. Hardy was the Hearing Officer for each of five hearings.[17] In the hearing summary specific to Haley's conduct, Hardy upheld the charge that Haley violated MPD DR 603 INFORMATION CONCERNING POLICE BUSINESS by taking pictures in front of Nichols Haley and sharing the photos with at least six individuals both within the MPD and an acquaintance. [17] [44] [42] Hardy described each Officers conduct as "unjustly, blatantly unprofessional and unbecoming for a sworn public servant."[17]

On February 14, the Shelby County Sheriff's Office, which is independent of the MPD, announced in a press release,[45] that Sheriff Deputies Jeremy Watkins and Johntavious Bowers were suspended for five days without pay following an internal investigation. County Sheriff Floyd Bonner Jr. said that Watkins and Bowers violated:

  1. Radio Communication Procedures — Failed to notify dispatchers and supervisor that they responded to the Nichols traffic stop.
  2. Mobile Video Recording System Procedures — Failed to document their presence at the scene or report the incident in daily activity logs.
  3. Patrol Field Job Duties and Responsibilities — Failed to activate patrol vehicle's mobile video recording unit ("dash cam")
  4. Operation Responsibility of Daily Activity Log (Watkins only) — Failed to activate body-worn cameras.[45]

Bonner added he does not expect his deputies to face criminal charges. Both deputies have been in their positions since June 2021.[46]

Investigations

Police report

A police report was written two hours after Nichols was beaten.[47] The report claimed that at the initial traffic stop Nichols was irate, sweating profusely when he left his vehicle, and he refused to be detained. Pepper spray and a taser were ineffective in controlling Nichols.[48] For the second encounter between Nichols and police, the report claimed that Nichols resisted arrest by grabbing an officer's duty belt and another officer's vest, ignored their orders, leading to officers using pepper spray and striking Nichols with a baton; Nichols was eventually taken into custody after "several verbal" commands.[47]

The released videos did not corroborate the police report's claim that Nichols "started to fight" with officers, or even that he had been violent at all.[48][49] The released videos also did not corroborate the officers' claim that Nichols reached for their weapons.[50] Seth Stoughton, a law professor and use-of-force expert, noted that an officer typically shouts it out immediately if they see a suspect reach for a weapon, and none did so in the videos of their struggles with Nichols.[51] The initial police report did not state that officers had punched or kicked Nichols.[48]

Autopsy

No death certificate with an official cause of death for Nichols or an official autopsy report has been issued by the Shelby County medical examiner's office as of February 1, 2023.[52][53]

Preliminary findings of an autopsy commissioned by his family found that Nichols "suffered excessive bleeding caused by a severe beating".[54][55][56]

Dismissals and criminal charges

On January 7, Shelby County District Attorney Steve Mulroy asked the Tennessee Bureau of Investigation to investigate allegations of excessive use of force during the arrest.

On January 15, MPD announced the officers involved would face administrative action.[57] The U.S. Department of Justice and the Federal Bureau of Investigation (FBI) also opened a civil rights investigation.[58] On January 20, MPD announced that the five officers would be fired.[59][60][61]

By January 24, two Memphis Fire Services (MFS) emergency medical technicians (EMTs), Robert Long and JaMichael Sandridge, who were on scene had been relieved of duty without further explanation.[62] A week later, a total of three MFS employees had been fired – the two EMTs and an MFS lieutenant, Michelle Whitaker – for failing to conduct a proper assessment or treatment to Nichols, a break in policies and procedures.[63][64]

On January 24, the five officers were arrested and charged with second degree murder[65], aggravated assault, aggravated kidnapping, official misconduct, and official oppression.[66][67] As of January 27, all five men have posted bail and been released, according to Shelby County Jail records.[68]

On January 30, authorities announced that two other police officers, Preston Hemphill, and an unidentified officer, had also been relieved of duty.[69][70] On February 3, it was announced that Hemphill had also been fired.[71][72] Hemphill, who is White, had been involved in the initial traffic stop and tasing but not in the subsequent filmed beating.

Nichols' family retained attorneys Benjamin Crump[13] and Antonio Romanucci.[73]

Grand jury indictments

On January 26, the Grand Jury of the State of Tennessee indicted the five MPD officers and presented the following findings: murder second degree; aggravated assault; aggravated kidnapping; aggravated kidnapping with a deadly weapon; official misconduct, harming another; official misconduct, refraining from performing a duty imposed by law; official oppression.[74]

Court hearings

On February 16, the five former MPD officers appeared at the Shelby County Criminal Court and pleaded not guilty to all of their charges. Their next court hearing is scheduled for May 1, 2023.[needs update][75]

Aftermath

After Nichols' death, Chief Davis called for a review of the SCORPION unit,[21][76] and the unit was disbanded on January 28.[77][78]

In the weeks after Nichols' death, the The Institute for Public Service Reporting in Memphis reviewed reports that appear to show SCORPION units engaged in "zero-tolerance" or "proactive policing"-type activities.[79] The review revealed that often SCORPION units initiated contact over for minor crimes like a seat belt violation, a tinted window violation, or low-level drug offenses.[79][80] This tactic tended escalating with the use of aggressive tactics by the police with little supervision.[81][failed verification]

A GoFundMe campaign was created by family members of Nichols that states "We want to build a memorial skate park for Tyre, in honor of his love for skating and sunsets." By January 29, the GoFundMe campaign had raised nearly US$1 million.[82]

On the evening of January 31, 2023, a ceremony and press conference with Nichols' family was held at the Mason Temple Church in Memphis, where Martin Luther King Jr. gave his final speech "I've Been to the Mountaintop" in 1968.[83] Nichols' funeral was held the next day at the Mississippi Boulevard Christian Church in Memphis.[83] During the service, U.S. Vice President Kamala Harris and Reverend Al Sharpton called for the approval of the George Floyd Justice in Policing Act and other police reforms.[84]

U.S. Representative Steven Horsford invited Nichols' parents to attend President Joe Biden's 2023 State of the Union Address.[85] Biden discussed the difficulty Black and brown families have when preparing their children for confrontations with the law. For example, Biden said that such families tell their children that when "a police officer pulls you over, turn on your interior lights. Don't reach for your license. Keep your hands on the steering wheel."[86]

According to Biden, Nichols' mother told him her son was "a beautiful soul and something good will come from this". Biden said that society should "Give law enforcement the training they need, hold them to higher standards, and help them succeed in keeping everyone safe."[86]

Protests

Main article: Tyre Nichols protests

On January 27, the police body-worn camera video footage of the incident was released to the public.[87] Chief Davis stated that officials "decided it would be best to release the video later in the day after schools are dismissed and people are home from work" due to concern over the civil unrest that might result after its release.[87]

Protest in Columbus, Ohio

Following the release of the video, protesters in Memphis blocked traffic on Interstate 55.[88] By January 28, protests had also occurred in New York City, Chicago, Washington, D.C., Philadelphia, Los Angeles, Portland, Atlanta, San Francisco, Boston, Baltimore, and Newark.[89][90]

Reactions

U.S. President Joe Biden spoke with the Nichols family and joined in their call for peaceful protest.[91][92][93] Biden also told the family that he would renew a push with Congress to pass the George Floyd Justice in Policing Act to tackle police misconduct.[87]

Various police officers reacted to the death of Tyre Nichols. Police Chief Davis released a video statement where she said, "This is not just a professional failing. This is a failing of basic humanity toward another individual."[94] On January 27, in an appearance on Good Morning America, she said, "In my 36 years, [...] I would have to say I don't think I've ever been more horrified and disgusted, sad" about the video, and it was "still very unclear" as to why the officers stopped Nichols.[95] New York City Police Commissioner Keechant Sewell, denounced what she called "disgraceful actions", while Chicago Police Superintendent, David O. Brown, called the video "horrific".[78] On the day of the video's release, FBI Director Christopher Wray said he was appalled by the video, and Patrick Yoes, the national president of the Fraternal Order of Police, stated that "The event as described to us does not constitute legitimate police work or a traffic stop gone wrong. This is a criminal assault under the pretext of law."[87] New York City Mayor Eric Adams, a retired captain from the NYPD, told the press that the White House had briefed him and other mayors on the video ahead of its release and that it would "trigger pain and sadness in many of us. It will make us angry."[87][96]

A moment of silence was held for Nichols before the NBA basketball game in Minneapolis at the Target Center on January 27 between the Memphis Grizzlies and Minnesota Timberwolves.[97]

The Legal Aid Society of New York City released a statement that included, "We must continue to question the police's role in society, as these incidents frequently recur, and many more happen all the time without being captured on body-worn cameras."[98] On January 29, Senate Judiciary Chair Dick Durbin said, "We need a national conversation about policing in a responsible, constitutional and humane way. These men and women with badges put them on each day and risk their lives for us. I know that, but we also see from these videos horrible conduct by these same officers in unacceptable situations."[99]

The Black Lives Matter Global Network Foundation issued a statement that stated, "Although the media has spent a great amount of time drawing attention to the fact that the police officers are Black as if that is important, let us be clear: all police represent the interest of capitalism and impel state-sanctioned violence. Anyone who works within a system that perpetuates state-sanctioned violence is complicit in upholding white supremacy."[100]

See also

Notes

  1. ^ On January 8, the MPD said Nichols had been stopped for reckless driving. Various video recordings from Nichols' stop do not capture any of Nichols' driving or other actions before the stop. MPD Chief Cerelyn J. Davis later stated, "We've looked at cameras. We've looked at body-worn cameras. Even if something occurred prior to this stop, we've been unable to substantiate it. We've taken a pretty extensive look to determine what that probable cause was and we have not been able to substantiate that. It doesn't mean that something didn't happen, but there's no proof."[2][3]
  2. ^ The total number of officers facing discipline is thirteen, including six who have been terminated and seven more who will face charges of policy violation. A city representative corrected her earlier statement on the number of officers involved.[4]

References

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