MEMPHIS, Tenn. - Three former Memphis Police officers were found not guilty on all charges against them in the state trial related to the death of Tyre Nichols.
Those defendants, Demetrius Haley, Justin Smith, and Tadarrius Bean, faced seven charges each. The jury returned a vote of not guilty on all of those charges for each defendant.
EVERYTHING WE LEARNED DURING THE TRIAL HERE
The trial lasted nine days, not including jury selection and a Sunday when court was not held.
FOX13 took note of every thing that happened in the courtroom during the trial. Read through the live updates FOX13 recorded during the trial below.
Defense attorney John Keith Perry represented Bean, Martin Zummach defended Smith and Haley was represented by Michael Stengel and Stephen Leffler.
RELATED: Leaders react to verdicts in Tyre Nichols murder trial
Wednesday, May 7, 2:09 p.m. - Not guilty on all charges
The jury found the defendants not guilty on all charges.
Wednesday, May 7, 2:06 p.m. - Not guilty of murder
The jury found the defendants not guilty of murder or aggravated assault.
Wednesday, May 7, 1:59 p.m. - Verdicts returned
The jury has returned with verdicts.
Wednesday, May 7, 4 a.m. - Recap of Day 8
"But again, we are now going to excuse you all. Please remember deliberations have to be together as a group. Please let us know if and when you have any questions or a verdict. Please step out."
Those were Shelby County Criminal Court Judge James Jones' final words to the jury before they started deliberating. The second of three trials surrounding the death of Tyre Nichols at the hands of Memphis Police (MPD) officers is almost over.
The jury spent about four hours deliberating before being dismissed Tuesday evening. They are expected to continue deliberations this morning.
Tuesday, May 6, 4:58 p.m. - Deliberations end for the day
The jury paused deliberations just before 5 p.m. on Tuesday. Deliberations will resume at 9 a.m. CST on Wednesday.
Tuesday, May 6, 12:38 p.m. - Jury deliberations begin
The jury began deliberations at 12:38 p.m.
Tuesday, May 6, 12:33 p.m. - Alternate jurors to be chosen
Two jurors will be randomly chosen to be alternates. As of Tuesday, there were 14 jurors. Twelve will remain to serve on the jury. Judge Jones will then say final words before deliberations.
Jurors 14 and 10 were randomly selected as alternates.
Tuesday, May 6, 12:30 p.m. - Brief recess, district attorney news conference
During a recess, Shelby County District Attorney Steve Mulroy said he was proud of his prosecutors and that all three prosecutors contributed.
He said that he couldn't speak on Emmitt Martin's possible state plea.
Mulroy said that Nichols' family has been pleased with the DA's trial team. "They themselves approved of the idea have Ms. Johnson do rebuttal," he said.
Tuesday, May 6, 11:35 a.m. - Prosecution's rebuttal
The prosecution began rebuttal by claiming that the officer's actions came about after Nichols made the officers angry.
"All three of those men over there made choices and could've made choices that night, should've made choices that night. They could've chosen to stop it. In fact, they had a duty to intervene. They had a duty to stop it, and not one of them did," said Prosecution Tanisha Johnson.
Johnson said that the defense attorneys presented "smoke and mirrors," but that "smoke and mirrors do not equal reasonable doubt."
"But some of the smoke needs to be cleared up and some of the mirrors need to be broken," Johnson said.
Johnson addressed the allegations of a "tainted investigation."
"That's not what happened. In fact, look at the policy, MPD's policy. You have it with you. In cases where individuals are in custody and are critical or dead at the hands of law enforcement, TBI has to get involved but that can only come at the request of the district attorney," Johnson said.
Johnson then argued that the Shelby County District Attorney's office didn't know what happened, nor did Nichols' mother. But, Johnson said, MPD called the DA's office.
Johnson said that the TBI gave defense attorneys what they believe is their best evidence: mushrooms and credit cards found in Nichols' car.
Johnson said that Nichols only had alcohol in his system.
"Let's talk about what this is not because we told you this is not about a group of men who met and said, 'We're going to go out and kill somebody tonight.' This is not even about those men meeting up at Ross and Raines or Ross and Castlegate and agreeing to do something to Tyre Nichols. It'd be a first-degree murder case. Nobody is saying that. It'd also be a conspiracy case. Nobody is saying that. But what it is is a second-degree murder case and a criminal responsibility case," Johnson said.
Johnson addressed Martin's claims that Nichols grabbed for his gun. "All of it requires us to take the word of Emmitt Martin. But we know, because we see on the video, one minute it's a traffic stop, and one minute Tyre Nichols took a swing... That's whose word we're supposed to take. You rewind the video back. You tell me if you hear about a gun," Johnson said.
Johnson went on to argue that Hemphill, Martin, and Haley were at the original scene. "But guess what, nobody got on that radio and said, 'Hey, he went for an officer's gun too.' I mean, wouldn't that be information that you wanted your fellow officers to know?"
Johnson said that "this is not an indictment against all police officers. This is not an indictment against police officers who put their lives on the line. Nobody is saying that it's not a dangerous job. No one is saying that it doesn't take bravery. But because it's a dangerous job does not mean that you are immune from making criminal decisions," Johnson said.
Johnson addressed the verbal judo and expletive commands officers gave. "Nobody is being charged for that. They had him on the ground," Johnson said.
Johnson said Nichols only ran after officers pulled a gun on him. "He shouldn't have run, but he did. He ran at Ross and Castlegate. He's tackled to the ground by Tadarrius Bean. Nobody's saying Bean should not have tackled Nichols. He's not being charged for that. None of these officers are being charged for that. But as Nichols is on the ground and Emmitt Martin delivers that first kick to Nichols' head, that's a flag on the play. That kick to the head is considered deadly force. So when you apply that force to this man who's on the ground, he now becomes a victim. But nobody intervenes. There are more kicks. There are more punches. That's why we're here," Johnson said.
Johnson addressed split-second decisions.
"A split-second decision could be somebody running a red light, trying to beat it, and having a car accident. That wasn't the case. Tyre Nichols was beaten for two minutes from the first kick to the last kick. In between that time, each one of these officers could've done something. Each one of these officers could've said something. This was not a split-second decision. Smoke and mirrors. And maybe the best smoke and mirrors of it all is this notion that these officers were just trying to handcuff Nichols... When they first approached Nichols, what did he say? 'Alright. Alright. Alright'. He threw his hands up. So, how did we get on the ground?" Johnson said.
Johnson addressed testimony regarding an arrest Smith made. In that situation, Smith grabbed a suspect's feet to get that person handcuffed. "But nobody grabbed Tyre Nichols's feet," Johnson said. "It wasn't until the patrol officers came in. That's how Tyre Nichols got handcuffed. It wasn't because of (Haley's) kick."
Johnson spoke about the defense arguments that the fighting stopped once Nichols was cuffed. "Isn't it reasonable to believe that these officers weren't trying to get those handcuffs because they wanted to punish him?" Johnson said. "It's an illusion for the body cameras that are still on; they're asking for his hands, but they had his hands.
"This is not about trying to handcuff Tyre Nichols, but that's what they want you to believe. My guy was just holding him, trying to get him handcuffed. They didn't have any intent of holding him so he could get punched in the head. Well, that's still, at minimum, facilitation of second-degree murder," Johnson said.
"All week, everybody has been trying to stay away from Emmitt Martin," Johnson said before referencing the jury instructions considering multiple defendants. "But that goes along with criminal responsibility. You reconcile that with criminal responsibility."
"We don't get to just throw away Emmitt Martin. Yes, we evaluate them separately... If they were criminally responsible for each other, then they can be found guilty of second-degree murder. So, the question is and has been all along, did they see what happened and not intervene? Did they assist in what was happening? And I submit to you that they were doing both," Johnson said. "The good thing about going third is that I've been able to sit and listen and try to find the answer to the question that matters. Did they see? Did they hear it? I've been able to sit and listen to the audio. I've been able to sit and watch the video."
Johnson argued that Haley is responsible for yelling, "Beat that man's (expletive)." "The problem is that in the first scene when he was using verbal judo, nobody blew Tyre Nichols' (expletive) off. In the first scene when he used verbal judo, nobody broke Tyre Nichols' (expletive). But in the second scene, when he jumps out of the car and yells, "Beat the man's (expletive),' He kicks him... But it's not about Haley's kick alone because once he kicks him, guess who starts back-kicking him? Emmitt Martin. And we know Emmitt Martin's been kicking him in the face and head all night. So, Haley is responsible not just for his kick but also for that kick by Martin. And even if he wasn't responsible for kicking Nichols in the head, did you hear him say stop? ... You didn't."
Johnson addressed Bean. "Tadarrius Bean hardly says anything out there at the scene. But the one thing he does say lets you know that he saw what was going on. He was aware of what was going on. Emmitt Martin was talking about those haymakers he was giving Nichols. How he was rocking Nichols. And what does Bean say? 'He was eating them (expletive).' He was talking about the punches Martin was throwing and the punches Nichols was eating, or taking."
Johnson then played that video multiple times for jurors.
"He was eating them (expletive).' Talking about the licks Emmitt Martin was throwing and the licks Tyre Nichols was taking. And you see him wide-eyed, nothing to show he was affected by the pepper spray that he says was blinding him," Johnson said.
Johnson's argument turned on Justin Smith. "Unlike Tadarrius Bean, Justin Smith had a whole lot to show he wasn't experiencing tunnel vision. He could hear. He could see what was happening," Johnson said.
Johnson then said that Justin Smith said, "Hit him" two times, first talking to Desmond Mills. At that time, Nichols was trying to get off the ground.
"But when Tyre Nichols does get off the ground because they've made a big point about Tyre Nichols not reacting to the spray, not reacting to the baton strike,. You're going to see on that video that Nichols gets up in response to the baton strike," Johnson said.
Johnson said that Smith then said, "Hit him again," followed by a hit from Martin.
"Asthese hits by Emmitt Martin are going on after Justin Smith said, Hit him a second time, what do we see? The direction that all these men are looking... They were hearing those hits. They were seeing those hits," Johnson said. "Same eyes. But they want you to believe that Bean and Smith were looking down the entire time. Well, that's Bean looking into Mills' body-worn camera. Not affected by pepper spray. Not blind. Seeing those licks. Hearing those licks. What else did Justin Smith say that night? 'I hit that man with so many pieces. Bean was rocking. I jumped in and started rocking.' And after this was over, those fist bumps, that encouragement. 'You the real MVP.'"
Johnson played a portion of body-worn camera with the phrase "You the real MVP" on it and then claimed that Smith said, "We took turns giving him pieces."
"But wait a minute, why would Justin Smith say, "We took turns giving him pieces' if it was only Emmitt Martin punching Tyre Nichols? That's because Justin Smith was actually the first one who threw a punch at Tyre Nichols. Before Martin landed those haymakers, Smith was the first one who punched Nichols. It wasn't a haymaker, a baby haymaker if you will. He was the first one."
Johnson then played SkyCop video, which, she claimed, showed Smith hit Nichols.
"Justin Smith was the first one who threw a punch at Tyre Nichols, and after that you see all the big haymakers by Emmitt Martin," Johnson said.
Johnson then displayed a slide showing the phrase "I see Martin whop, whomp, whomp. I said, Just fall." Johnson argued that this phrase is hard to hear. "So you weren't supposed to hear this, but if you listen, Justin Smith says, 'I seen Martin, whom whomp whomp, and I said, Just fall.'"
Johnson played that audio. "Who does he want to fall? Tyre Nichols because he sees him being hit. He hears the whomp, whomp, whomp. Then he goes on to say it sounded like thud, thud, thud. The licks. He can hear what's going on. But afterwards, there was something else that was said that was critical to the case... You're going to hear Emmitt Martin talk about those licks. But that man who took the witness stand, Desmond Mills, you're going to hear him say, 'We about to kill this man.' So, why would Mills, who hasn't thrown a punch, who hasn't kicked, why would he say, 'We about to kill this man.' After all the deadly force used against Tyre Nichols, this officer, who should understand criminal responsibility, he doesn't say (any one officer) is about to kill this man. He says, 'We about to kill this man.'"
Johnson then played that audio clip.
"It doesn't take monsters to kill a man. All it takes is two soccer ball kicks to the head, three baton strikes, five haymakers to the head, two more kicks, and nobody saying, 'Stop,' nobody saying, 'Don't do it,' Nobody grabbing Emmitt Martin," Johnson said.
Johnson said that every expert who took the stand called the hits to the head excessive force. "If they've seen it, that's what it takes. Not one person is saying stop. Not one person is saying, Grab Emmitt Martin. So, when the smoke clears and the mirrors break, those facts and that law that you have stand. It's still in place," Johnson said.
Johnson told the jury they had one job. "That's to follow the facts and the law," Johnson said. "Those are the facts. You have the law, and if you follow the facts and the law, your mind can rest easy, beyond a reasonable doubt, enough to let the mind rest easy. If you follow the facts and the law, your mind can rest easy that there sit three men who are criminally responsible for the murder, aggravated kidnapping, and aggravated assault of Tyre Nichols, as well as official misconduct and official oppression. Find them guilty as charged on every charge," Johnson finished.
Tuesday, May 6, 10:47 a.m. - Justin Smith's defense makes closing argument
Zummach began by showing the jury a picture of Smith taken on the first day of his career with the Memphis Police Department.
"My closing arguments are going to be more about what I noticed throughout the trial. You may or may not consider what I noticed to be important. If it's not important, just ignore it but you may have made note of some of the same things," Zummach said.
"What happens in a city when mayors and police chiefs announce on the news that cops are not going to be permitted to chase shoplifters and burglars?" asked Zummach. "Well, the criminals run. They're not dumb. What happens when officers like Justin Smith get convicted of a felony because of what Tyre Nichols and Emmitt Martin did? Let's be real clear. We're here because of choices Tyre Nichols made and Emmitt Martin made. That's why we're here. I don't care what anyone else says. In my opinion, that's why we're here. What happens when we convict officers like Justin Smith of felonies for chasing someone down and attempting to handcuff a suspect to assist one of his fellow officers? If you're a cop, what do you do?"
"They're going to run. The cops are going to run to Chattanooga. They're going to run to Mississippi. Maybe if they left the streets to the politicians and the preachers to police the streets, maybe the City of Memphis might learn," Zummach said.
Zummach pointed out that the sheriff in Chattanooga has on his website, "We chase cars." The DeSoto County Sheriff's Office website says a similar thing, Zummach said. "It says don't bring your crime down here," Zummach said. "You think they're down there shoplifting. You think they're down there breaking into 94 cars in one night?"
Zummach then pointed out Mills' testimony that he was angry. "We know Emmitt Martin was angry. You can't be anything but angry and unhinged if you're Emmitt Martin doing what he did. Was Bean angry? Nope. You didn't hear a peep from him. He said, 'Come on, bro. Give me your hands.' Was Justin Smith angry? Listen to the audio. Justin Smith is that squeaky voice you hear. He was panicked. He'd had enough years on the job arresting felons, 90 percent of whom are armed. He had enough sense to be scared and scream on the radio to send more cars. Was he angry? Nope. But Mills and Martin were angry."
Zummach then asked who took breaks from the pepper spray. He's argued throughout the trial that Smith and Bean didn't let go of Nichols despite being sprayed.
"Ms. Headley tried to make it sound like it didn't get on them," Zummach argued. "Ms. Headley told you that Martin was standing next to Mills. Go back and watch the video. No, he wasn't. He was standing next to Bean. He was standing across from Mills when he caught that spray," Zummach said.
Zummach said that Mills left the altercation for 90 seconds due to the spray.
"For over eight minutes, Haley couldn't catch his breath. He couldn't see. Hemphill was still coughing up a lung. Hacking, coughing. He only got a little shot. Bean and Smith didn't have that luxury. They let go of that man on the ground; somebody's going to get shot. It might be Nichols if he gets up with that handcuff and starts swinging it, or a cop is going to get shot."
Zummach took issue with Headley saying Smith and Bean were holding Nichols down. "Mills said those guys kept their hands on Nichols to keep him on the ground to get him handcuffed. What else could they do? Those two guys never got a break."
Zummach said that Mills testified that Smith called him on the phone days after the altercation. "Mills said that Justin called him up and said, 'I just heard that there were kicks, and I'm going to call the lieutenant about it. He used dirty words. I think he said it was f'd up. Justin didn't know about the kicks... Again, their witness Mills testified that he didn't see any of the kicks," Zummach said.
Zummach continued to argue that Smith was bent over Nichols "blind, deaf, and suffocating" while trying to handcuff Nichols.
Zummach argued against the prosecution's claim that the officers could've said, "Stop." "Justin Smith has a history. It is not in his nature to allow another officer to abuse a suspect. He's just not going to do it. If someone has a good character, it strengthens the presumption of innocence," Smith said.
Zummach pushed back on the prosecution's argument, "Good people do bad things." "Good people do good things," Zummach said, referring to Smith's actions.
"Justin Smith did not do anything to Tyre Nichols. Tyre Nichols made choices," Zummach said. "Tyre Nichols made these choices. This is about chicken. It's about Tyre Nichols somehow getting 750 pounds of men off of him, running to the next street over, and hiding behind a Toyota, wiping his face, wiping the spray off. Then he happens to be seen by Mills and Bean. These guys have guts that I don't have," Zummach said.
Zummach recounted testimony that the officers each made about 1,000 felony arrests. "When Emmitt Martin announced, 'He had my gun,' I'm surprised somebody didn't get shot and killed right then. Instead, they're trying to get his arm behind his back," Zummach said. "This is not some guy worried about going home to eat chicken."
Zummach argued about the investigation and the testimony of a TBI agent who testified. He said that nobody returned stolen credit cards after they were found in Nichols' car. They were handed over to Nichols' mother with the rest of the belongings in his car, Zummach said.
"Let me offer you a suggestion... If they call Kelli Rodgers up and say, 'We have your American Express card. Would you like to come get it?' Most owners are going to say, 'Well, where'd you get it?' 'Well, we found it Tyre Nichols' car.'"
Zummach argued that the theft victim may have gone to the media, and "there goes the narrative right down the toilet." By giving the car to Nichols' mother, Zummach argued that it allowed the state's narrative to continue.
Zummach said that the cops' boots were examined, but agents did not go to the hospital to take blood from Nichols. "Don't tell me this investigation is not tainted," Zummach said.
Zummach then read a headline from a news agency saying that Memphis broke a homicide record and another that said Memphis' mayor met with gang leaders to address gun violence. The prosecution asked to approach the judge.
"These crimes, where we're breaking records for violent crime, all predate SCORPION, and since these guys are where they are, crime has continued to go nuts," Zummach said.
"So, what do the leaders do? They form a SCORPION Team. They take statistics, which I thought this case was about, and they move them to dangerous areas of Memphis, and they leave them there for a week with the sole purpose of removing criminals with felony arrest warrants, stolen cars, and drugs. They do it for a week or two and then move on," Zummach said.
Zummach emphasized that the cops serve "in the most dangerous unit in the most dangerous city in the United States." He said that speaks to the mindset of the officers.
"That's what's on their mind: 'Let go of my gun.' That's what's on their minds. Justin Smith watched Tadarrius Bean going down a dark street... They're chasing an unknown, fleeing suspect. Bean by himself tackles him. Justin, with a blown-out knee, goes over to help Bean handcuff. At that point, why didn't Tyre Nichols just say, 'Alright. You got me. I'm done'," Zummach said.
"These were not a bunch of bullies and monsters. Of course they're not monsters. They're doing a job that none of us have the guts to do. All Tyre Nichols had to do was say, 'Alright. You got me.' He might have spent a little time in jail for some of the stuff he had. But he wouldn't be dead," Zummach said.
Zummach again said that Smith had a bad knee, but instead he chose to go to work that night.
"About the only thing Justin is guilty of is being naive. He probably thought he was making a difference. He literally was risking his life, in reality, every night to arrest people who sell dope, carjack cars, and steal guns and credit cards, treating these people with respect. That's what they said about Justin. He's dealing with the worst people in Memphis... He treated the suspects with respect," Zummach said.
"This is Emmitt Martin and Tyre Nichols' doing. John Keith Perry said he was going to beg with you... I'm going to beg as well. I'm going to beg 12 people who end up on this jury to stop the misery that Justin Smith has been going through," Zummach said. "End it. Go to the jury verdict form and check the box Not Guilty and let Justin try to get some semblance. He's never going to be a cop again... If you're involved in the Tyre Nichols arrest, you're never going to be a cop again," Zummach said. "A lot of times, these governments charge people with all these charges, and some of them sound pretty harmless. Official misconduct is a felony. Official oppression is a felony. Do not convict Justin Smith of any of these charges."
Zummach then called the lesser charges "just a game" and said that the state hopes the jury convicts the defendants on lesser offenses.
Zummach said that if Nichols would've done what the officers told him to do, he could've gone home that night. "Should the officers have said, 'Oh, you're just going to go home? You should go home'," Zummach said.
Zummach again argued that Nichols "whipped" the officers "tails." "These officers were clearly in over their heads with this one suspect, Tyre Nichols," Zummach said.
Zummach said that Mills testified that he was only, but that he wouldn't have struck Nichols if Nichols would have given them his hands.
The attorney addressed the state's claims that Smith and Bean held Nichols down. He said Mills' testimony pushed back against that claim.
"Ms. Headley stated, and I should've objected, that they had to have felt and heard the kicks. I didn't object. Their witness, Mills, said he didn't see the kicks. Their witness, Mills, said he heard the thud, and when he saw the second punch, he turned away and walked away because he didn't want to see it. Smith and Bean didn't have that luxury. First of all, they didn't see it. Second of all, they could not let go of that suspect," Zummach said.
"This is crazy to elevate them criminally this way," Zummach argued. "I'm just going to take my time. Ms. Headley said Mills and Martin reacted to the OC immediately. What are you going to do? Punish Bean and Smith for fighting through it?"
Zummach addressed Headley's argument that "cops had no idea about the cards and the dope in the car, and the mushrooms only weighed as much as two dollar bills." "Cops couldn't know about it," Zummach said. "But you know who did know about it? Tyre Nichols... He knew what was in that car. He wasn't scared of those cops. He probably got scared of them. But he wanted to get away from that car. If he gets away from that car, there's a hope to stay out of jail."
He then spoke about the EMT who responded to the scene. Zummach said that Smith told the EMT, Robert Long, that Nichols' oxygen was low.
"There was only one person trying to care for Tyre Nichols out there, and that was Justin," Zummach said. "She said if they hadn't done what they did to Tyre Nichols, Robert Long wouldn't be out there. I wrote, if Nichols hadn't done what he was doing, Robert Long wouldn't have been out there either," Zummach said.
Zummach argued that Mills backed up Smith's character.
"He stated that he heard no words during the Castlegate thing. He said the first time he heard the words was when he watched it later on video," Zummach said, addressing testimony from a use-of-force expert.
"Justin was in the fight of his life and sitting here in 70-degree weather saying, 'Oh, that doesn't look too bad.' It's impossible for us to get in the shoes of those officers that night," Zummach said.
Zummach then read off the charges and their corresponding pages and asked the jury to mark not guilty.
Zummach defined the words "knowingly," "intentionally," and "unlawfully." "They're very important. They're very intentional. They're very purposeful. I don't think you're going to find that Justin Smith had a purposeful bone in his body to hurt Tyre Nichols or allow others to hurt Tyre Nichols. There's no way, sitting here looking at these videos, that Justin is guilty beyond a reasonable doubt of a crime beyond a moral certainty," Zummach said.
Zummach argued that Smith's character is above hurting a suspect or allowing another to hurt a suspect.
Zummach argued that Smith called out at least four times for more help and more cars. "Justin Smith does this every night of the week. Justin Smith was probably, for the first time in OCU scared about what was about to happen. But do you call other cops over to witness you breaking the law? Of course not, that's common sense. Common sense, to me, is reasonable doubt," Smith said.
Zummach recounted the witnesses he called who supported Smith's character and actions. Zummach said that Hemphill called Smith "kind and gentle" and that he "tried to keep him away from the wrong kind of people."
The attorney brought up testimony from Mills saying that Smith was "blind as a bat without his glasses."
"You heard all the audio and video. They were in a fight. They didn't know who they were fighting. They didn't have any idea about chicken. They were just trying to get this guy in handcuffs. So, check the box not guilty. Return Justin Smith to his wife and kid and let him somehow try to start his life over. Convicting him of a felony is not going to bring Tyre Nichols back. Any creation of God that leaves before his time is a tragedy. Tyre Nichols is gone. Convicting Justin Smith of a felony is not going to bring Tyre Nichols back. Emmitt Martin is already in prison for what he did. Desmond Mills pleaded guilty. Do not convict Justin Smith of a felony," Zummach said.
Judge Jones told the jury that the court decided that the lesser charges be included, not the prosecution.
Tuesday, May 6, 10:22 a.m. - Brief recess
The court took a brief recess following the closing argument from Stephen Leffler, attorney for Demetrius Haley. Martin Zummach, attorney for Justin Smith, will make his closing argument when court resumes.
Tuesday, May 6, 9:08 a.m. - Closing arguments continue, Demetrius Haley's attorney
Stephen Leffler, defense attorney for Demetrius Haley, began addressing the jury.
"We started off by telling you that this was a case about choices, and nothing that has happened in the courtroom has changed that," Leffler said.
"In this case, Demetrius Haley made a choice to begin a career with the Memphis Police Department... As he was in the academy, he was being taught police department professionalism. That's what sets a police officer apart from the rest of the public. They have a job to do, but they have to do it professionally. There's no room for mistakes in policing."
Leffler pulled up the response to resistance policy.
"It serves to protect the officer who is making decisions, making choices, and it also protects the public because it gives the officer some certainty as to how they should behave in any situation," Leffler said.
Leffler described an officer's physical presence. If an officer is on the interstate, people slow down, he said. "That is basically a command. You slow down. Just the presence of a police officer allows that to happen," Leffler said.
Leffler then talked about verbal warnings and verbal commands. "Driving down the same road, traffic is blocked. Officers are directing traffic, and you go to where you are commanded to go," Leffler said.
He addressed chemical agents. "They're the next step. Of course, chemical agents are things like pepper spray that can be used to disable someone who is not complying to be handcuffed and searched.
He then brought up empty hands control, both soft and hard tactics. "Soft may be where you are leading a suspect somewhere, and hard could be where you are using a fist or a foot," Leffler said.
"Impact weapons could be the taser or the asp baton that Officer Mills was talking about, and finally you get to the force that no one wants to see," Leffler said. "But sometimes it's a part of policing, and that is deadly force."
Leffler explained that an officer does not have to follow the steps in order but instead as "circumstances require." He said an officer could go straight to deadly force and then back off as the situation develops.
"That's what he's taught as he's in the academy, and that's what he carries into the field, and that's what sets the level of professionalism," Leffler said.
"Mr. Haley chose to go into the rather dangerous SCORPION Team. The SCORPION Team has a specific purpose, and that was to use data to figure out what precincts you're having a rise in crime in and then flooding that zone for a period of time," Leffler said. "Every day they are going into the most crime-infested areas of Memphis and dealing with some of the most dangerous criminals on our streets, and they're doing it professionally. They have a code. The people they're dealing with, their code is the code of the streets," Leffler said.
Leffler then spoke of Tyre Nichols. "Tyre Nichols would not be one of the people that would fit the description of the type of person the SCORPION Team is looking for," Leffler said, saying those officers were looking for stolen cars, drugs, and guns.
"On January 7, 2023, Tyre Nichols didn't fit that profile. He wasn't driving a stolen car. He didn't have any guns in the car, and he had no warrants for his arrest. So, he would not be somebody the SCORPION Team would be interested in. That's sort of the really tragic part of this entire case because, practically speaking, had Mr. Nichols pulled over when he got the blue lights and submitted to the officer's questioning, in all likelihood they wouldn't have arrested him," Leffler said. "The encounter would've ended. They would've left."
Leffler said, however, Nichols had a choice to either pull over or speed up. "Tragically, he chose to speed up. Now, the SCORPION Team didn't know Tyre Nichols. They'd never heard of him. He's never come across their radar. The car he was driving apparently wasn't a car that had been used in other crimes. So, what was it that brought them together? Well, one of the things the SCORPION Team is good at is following clues, and whether Mr. Nichols meant to or not, he was giving off clues that brought up the antenna of the SCORPION Team," Leffler said, saying that Nichols didn't pull over and sped up after being lit up.
"He sped up, and he did something the SCORPION Team was really bewildered about because people run from police in Memphis all the time because they know there's a no-chase policy," Leffler said. "So, that's not foreign to them, having somebody run away from them. But what is foreign to them is having somebody run away from them and having somebody stop at a red light. That's weird. That's suspicious to them."
Leffler then played a portion of Preston Hemphill's body-worn camera footage. He claimed that it shows Haley drawing his service weapon at the original traffic stop and then putting it away, deescalating it from a deadly force situation. He then argued that when Haley went to pull Nichols out of the car, it appeared that Nichols began to struggle. Leffler explained that Haley put Nichols in the A-frame of the car, and Nichols spun around to face him.
"You can see where they remove Mr. Nichols from the car, and Mr. Nichols is standing there. Officer Hemphill is holding him with one hand, another officer is on the other side holding him, and Mr. Nichols is not in a position with his hands behind his back," Leffler said.
Leffler said that at some point, officers heard Emmitt Martin claim Nichols grabbed his gun.
Leffler continued playing the video and showed Nichols on the ground. "He has his left hand out in the blading position. Officer Hemphill's hand is on his shoulder... All three officers are telling him, 'Get on your stomach.' But we can see that Mr. Nichols is debating with them about that," Leffler said.
Leffler continued playing video from the original traffic stop and described Nichols' actions as resisting. Leffler explained how Haley sprayed himself with pepper spray and how, according to Hemphill's testimony, Nichols ran toward an open Memphis police car.
Haley's other defense attorney, Michael Stengel, then started playing more video from Hemphill's body camera. This video shows the moments after Hemphill used his taser. Nichols is gone at this point. Hemphill calls in the description of Nichols. Haley walks around, suffering from the effects of pepper spray. Hemphill uses water to wash out Haley's eyes.
At this point, according to Leffler, Nichols was "hiding from police" at a different location. While Hemphill's body-camera footage plays, Stengel described the movements of Nichols, saying that Bean tackled him while Haley was at the original scene. Mills then pepper-sprayed Nichols at the second scene.
Stengel described how Martin kicked Nichols in the head and removed his body-worn camera while Haley was at the original scene. A call comes over the radio that "Mr. Nichols is still fighting," Stengel said. Stengel then walked the jury through the times Mills hit Nichols with his asp baton. Stengel pointed out what times Martin hit Nichols in the head.
Finally, after Nichols has been kicked and hit in the head, Haley arrives at the second scene.
Haley calls for medical care, saying that Nichols has been "pepper sprayed, tased, and everything."
"Ladies and gentlemen, I want to talk a little bit about what happened once Officer Haley got on the scene. Recall, what Officer Haley knows at that point is the following: He knows that there was a traffic stop at Ross and Raines. He knows that at the traffic stop, Tyre Nichols resisted. He knows that Tyre Nichols would not cooperate by putting his hands behind his back. He knows that he had to apply OC spray to Nichols and himself in the process. He knows that he has limited vision, and he unsuccessfully chases Nichols a little way even though he can't see. He knows that Nichols got away uncuffed and unsearched... He decided to kick Nichols's right bicep to release his right hand. He warns as he's running up, using verbal judo, where he yells, 'Beat that man's (expletive). He delivers the kick, and about 30 seconds later, Mr. Nichols is handcuffed. Leffler said.
Leffler said that Haley's command, "Beat that man's (expletive)," has to be put in context. "If you go back to the first video (the original traffic stop), I wrote down three things you can hear Haley telling Nichols. He says, 'I'm going to break your (expletive),' he says, 'Get your (expletive) blown off,' and he says, 'I'm going to knock your (expletive) off'." Leffler argued that Haley was just continuing this thread at the second scene. He argued that the state took the command at the second scene out of context for a better narrative.
"They were all harsh, and they were all intended to do the same thing, and that is to be verbal commands under that step of the use-of-force (policy)," Leffler said.
Leffler said that the state was critical of testimony from use-of-force expert Cameron about how Haley kicked Nichols.
Leffler then played SkyCop video showing Haley come onto the second scene. Leffler said Haley had a clear view of his fellow officers attempting to handcuff Nichols. He argued that Haley clearly saw Nichols' bicep. He said that Haley saw Nichols, stopped, looked, and kicked.
"He braces himself against one of the fellow officers. He takes a look at the target, and then he kicks a very specific place on the target. This is what Mr. Cameron was trying to say. It's what separates him from just being brutal and beating Tyre Nichols. If you want to see an example of being brutal and beating Nichols, just keep watching," Leffler said before playing a video of Emmitt Martin kicking Nichols. "There's a very great difference between those two kicks and those two men, and they should be treated differently."
Leffler argued that the state wants the jury to believe that Haley is responsible for the acts of others. Leffler then explained criminal responsibility.
"There has to be some involvement of the decision-making process about where this was going," Leffler said.
"This case is messy. This case is real life. This case is a case that started with officers doing a legal investigation, having probable cause to stop a motorist, having probable cause to handcuff and search him, and then falling apart from there when Mr. Nichols would not cooperate. None of these people had any conversations about killing Mr. Nichols," Leffler said.
Leffler argued that "there is no indication that, at that time, Officer Haley was out there doing anything other than police work."
Leffler said that the criminal responsibility of others depends upon intent.
Leffler said that Haley was only involved in the conduct of trying to handcuff Nichols, not involved in criminal intent leading to Nichols' death. The attorney told the jury that they must give independent consideration to each officer. "Some things may apply to one that don't apply to the other. You should, as you're judging the case, look at each officer separately," Leffler said.
Leffler argued against the second-degree murder charge by saying the charge requires someone to be reasonably certain their actions would cause the death of another or that their actions were intentional.
"There's absolutely no evidence that his intent was the death of Tyre Nichols. He made two contacts with Tyre Nichols. First contact was soft hands. Second contact was a chemical agent. Three contacts, actually. And the third one was hard hands, and that was the foot to the shoulder. That's the only thing that you can conclude was the intent of Officer Haley," Leffler said.
Leffler continued arguing against the lesser charges. He said that a doctor testified that Nichols' death was caused by blunt force trauma to the head and that Haley never contacted Nichols in the head.
Leffler said that Haley never went outside the response-to-resistance policy; therefore, he is innocent of reckless homicide.
"Officer Haley was not there when the blows were thrown. There is no way that he could provide any substantial assistance. He didn't know about Martin's kicks to the head or strikes to the head," Leffler said. "So, you can not find him guilty of criminally negligent homicide because he was not there."
Leffler continued arguing that Haley provided no assistance to Martin's actions and that he can not be found guilty of facilitation.
Leffler argued against aggravated assault, saying that a kick in the shoulder does not fit the definitions of the charge as laid out by law.
Going back to the response-to-resistance policy, Leffler argued that Haley did not act recklessly.
Regarding the aggravated kidnapping charge, Leffler said, "This was a police action, based upon probable cause, to arrest Tyre Nichols. It involved handcuffing him and searching him. Once that was done, it was over with. Every time an officer handcuffs and searches, is that going to be a kidnapping? I don't think the state meant that, and I don't think you have to buy it, or you're going to be tying our officers' hands for time to come," Leffler said.
Leffler questioned the official misconduct charge, saying that he doesn't know where the charge came from. "Help me. I don't know what to defend on that, and if you don't know what to defend, you don't know what to convict. Reject that," Leffler said.
As far as official misconduct, Leffler said, "It's not unauthorized if it's laid out in the response-to-resistance continuum and he stays within (those boundaries). Reject that."
"It wasn't unlawful, and he shouldn't be convicted of it. When you go back to deliberate, find him not guilty of all these charges because nothing is backed up by the facts of this case," Leffler said.
Tuesday, May 6, 9:08 a.m. - Day 8 begins
The jury entered the courtroom at 9:08 a.m.
Tuesday, May 6, 5:45 a.m. - Recap of Day 7
Closing arguments are expected to continue Tuesday in the trial of three former Memphis Police officers accused of beating Tyre Nichols to death. On Monday, the court hear from the prosecution and one defense attorney before court broke for the night.
The other two officers' defense attorneys are expected to make their cases Tuesday. And then, the jury will decide the fate of the three former officers charged with Nichols' murder.
Prosecutors spent over an hour telling the jury that the accused officers did not fulfill their duties. The state walked the jury through video evidence and played Skycop video where Taddarius Bean and Justin Smith held Nichols down as he was beaten.
Bean's attorney argued that Bean did not punch of kick Nichols.
Monday, May 5, 4:26 p.m. - Jury excused for the evening
Judge Jones excused the jury for the evening at 4:26 p.m., following closing arguments from John Keith Perry, attorney for Tadarrius Bean. Court will resume at 9 a.m. CST on Tuesday for closing arguments from the other two defense attorneys, as well as a rebuttal from the prosecution.
Monday, May 5, 3:30 p.m. - Tadarrius Bean's attorney makes closing argument
John Keith Perry, attorney for Tadarrius Bean, addressed the jury.
"He didn't know anything about what Tyre Nichols had done. At that time, he didn't know anything about the fact that, minutes earlier, Tyre Nichols drove from 385 and Riverdale to Ross and Raines with blue lights having cut on at first and then turned off because Memphis has a no-chase policy. He wouldn't have known if Tyre Nichols had a gun, a knife, or knew self-defense. He didn't know if he had murdered anybody or if he had carjacked anybody, because those are the types of arrests that Tadarrius Bean has to interact with. Those are the types of arrests he made," Perry began.
Perry said all Bean knew was that Nichols got away from officers after being tased and pepper sprayed.
"After he saw the suspect that met that description, Bean would have a fate that would intercept with somebody who, according to his mom, did not have it all together. At 8:32, Tadarrius Bean did this," Perry said before playing body-camera footage of Bean tackling Nichols.
Perry then displayed credit cards and mushrooms found in Nichols' car and told the jury that Bean didn't know those items were in his car. He only knew that Nichols overcame three men and Bean attempted to do his job.
"The facts all support not guilty verdicts on all counts for Tadarrius Bean. Every witness supported Bean's not guilty. Every witness says the same thing. You can't let a person go if he has one cuff on and one cuff off. All of the documentary evidence supports Bean being not guilty. You see all of the items that were stolen... but Bean doesn't do anything to punish this person. He was trying to apprehend him... Did he have probable cause to chase the suspect? Absolutely, he did. The evidence shows that Bean, while pepper sprayed, maintained in a constant contact with the suspect. You heard from Mills that he pepper sprayed... You hear during (a following conversation) about Bean's eyes hurting."
Perry said that Bean busted his knee, again, during the altercation.
"There's no direct proof of any kicks coming from Bean in particular. You see that all strikes are to the forearm after Tyre Nichols turns over and is reaching up," Perry said. "It's impractical and dangerous for Bean to let his hands go... Once again, you should judge Bean's actions based on the training that he received."
Perry told the jury about the SCORPION Unit, a unit designed to interact with gangs and violent criminals. "You also heard from both witnesses about how Team 1 was sent to the most dangerous places in response to the most dangerous spikes in crime," Perry said.
Perry said that MPD higher-ups praised the SCORPION Unit, a team that officers must be selected to be a part of.
Perry again told the jury that Bean was reacting to a suspect running after being tased and pepper sprayed. Bean made contact with Nichols from his car, and Nichols ran, Perry said.
"Then you see that three-minute struggle. Detective Bean and Detective Justin Smith get to the suspect at the same time, but Bean doesn't know that Smith is on the perimeter," Perry said. "He used visible presence, verbal commands, and then it escalates to hard hands. It doesn't have to go step by step. The use of pepper spray, the use of verbal judo, slapping the hands - none of those are out of the ordinary or anything wrong... When handcuffs were on this person, nobody came up and got a kick, got an extra punch. Nobody came up and did anything to this person."
Perry described how the use of hard-hand tactics is part of MPD's policy.
"You heard from and I asked a question from the expert of Mr. Cameron versus ineffective force and excessive... But when you look at the body-worn cameras, it shows that they're not trying to punish somebody on the side of the road because you have this person's ID or you've been involved in a crime and we're going to beat the heck out of you. It's about trying to get this person into handcuffs," Perry said.
Perry addressed Mills' testimony. "His initial statements were it was by the book. He didn't have the access of the book at that day or time... but hours and hours with the Department of Justice and somebody saying, 'It sounds like you're pissed off.' 'Well maybe I shouldn't have used the baton.' But he used the baton verbatim the way the MPD policy teaches you."
Perry said that Mills' footage tells the story of Nichols not complying with requests.
Perry said Mills was honest. "He said their use of force, according to him, when I asked him about it, can they let go to talk about striking a person? He said, 'No.' The danger is still there for officers until the handcuffs are on a person," Perry said.
Perry addressed character witnesses. "Nobody refutes the fact that Bean has the type of character that he has. That he is by the book," Perry said. He referenced previous character witness testimony supporting Bean.
"You heard from experts. The state didn't produce any experts. Think about that. With the funding the state has, they couldn't find one expert to say that Mr. Bean's acts were inappropriate... The time for sympathy and stuff like that—I have the highest degree of sympathy for Mrs. Wells... But driving is a privilege. A person can not take that privilege to be whatever it might be."
Perry said that each expert indicated that Bean's actions were appropriate and that Bean cut his body-worn camera footage on while he chased Nichols.
"Once you trigger it, it keeps the recording. That's why the volume doesn't come on for a minute. After he's in the course of running towards this person, supposedly going to do something to punish the man that he's never met before, he triggers the body-worn camera and records it," Perry said.
Perry said that Bean's body-worn camera came off because Nichols knocked it off.
"There's no testimony whatsoever as to what Bean would have known as he's running toward the person and he passes this blinking blue light," Perry said.
Perry argued that someone under questioning by the Department of Justice may be surprised to find out that a SkyCop was present.
"You have to consider the distance and the angle of that pole cam," Perry said.
Perry then argued that you can't tell if Bean knew Nichols was struck. Bean was looking down at Nichols attempting to handcuff him, Perry argued. Regarding the baton beating, Perry said that officers moved so that Mills could hit Nichols on the arm.
Perry then brought up the fact that Martin hit Nichols.
"Martin's not here. So, as to what was going on in his mind, there's been no testimony regarding that, and how Bean, who is holding on to an arm in these seconds can say, 'Hey, timeout everybody. Y'all stop. Everybody stop'. And whether or not Mr. Nichols is going to stand there and say, 'We're all good now. Y'all can put the handcuffs on me.'"
Perry argued that officers continued having trouble handcuffing Nichols on the ground after he was hit.
Perry said that Bean and Smith were trying to get Nichols' arms behind him to handcuff him, not hurt his arms.
"There's a lot of discussion about the size of the individual," Perry said, noting that Nichols was 6-foot-3 and 180 pounds.
"I indicated that I would not talk about what he was before or after that night because I'm not concerned with in any way trying to disparage Mr. Nichols," Perry said in pointing out that Nichols' parents originally told officers that they did not know Nichols. "Eventually they say, 'Okay. What's going on?"
"They don't know what all he's into, but there definitely must have been something to where this person said, 'I don't know him,'" Perry said. "We do know that he drove two miles from blue lights and sirens... We know that he ran from the first scene, and he ran from Detective Bean. Nichols drove in a manner to avoid police detention. We know that he refused to stop and he resisted arrest. Mr. Nichols would know that he had dope in the car and stolen credit cards and stolen IDs."
Perry said that Nichols did not have a right to run and that he was actively resisting.
"This is the action of a person who is doing whatever he is between those cars trying to avoid being arrested because he knows what he has done and he's trying to get away from them," Perry argued. "They know that he has gotten away from them, and they're trying to bring him in. That's all," Perry said.
Perry then brought up the fact that Bean had no complaints in his file.
"This is simply textbook police work where you're trying to get a man into custody who is resisting, and you can't do it," Perry said.
Perry argued that every charge and sub-charge requires intent and recklessness. "These are charges that they had the burden of proving, and they just haven't proved," Perry said.
Perry argued that Bean responded, as trained, to a distress call; that there was no plan to harm anyone; that Bean chased the suspect as trained; that Bean knew Bean overpowered three officers; and that Bean only hit Nichols's hands.
"If they wanted to break his neck, they had that opportunity," Perry said.
Perry said that all experts agreed with Bean's actions. Perry then emphasized that Bean turned on his own body-worn camera.
Perry pointed out that Bean said, "He's the hardest dude we've ever had to arrest."
Perry said that the officers were wondering, "What the (expletive) is going on? That's what these public servants are discussing."
Perry argued that Bean could not have overcome his own adrenaline, fatigue, and burning eyes to tell his fellow officers, "Don't hit." The attorney said that Bean saw Nichols try to "gather his legs up."
"He still stands up and tries to walk off... He still tries to walk off because he's scared of these officers? Does that make sense? He tries to walk off because he's so scared of these officers. Perry said.
Perry argued that Nichols was motivated to flee and fight due to the items in his car.
"Once the handcuffs were on, who struck him again, who kicked him, and who talked bad to him? Not a single person once the handcuffs came on," Perry said.
Perry pointed out that no DNA evidence points to Bean.
"There's nothing here to indicate that he would have gotten any thrill out of (beating Nichols), no money gain, nothing," Perry said.
Perry then argued that Nichols never ran to neighbors for help or ran home and that the TBI never focused on what Nichols did, only what the officers did. Perry called the entire investigation biased.
"Nothing about how difficult it was to bring this guy into custody," Perry said.
Perry then played an animation based on the SkyCop video. It shows Bean holding a hand on Nichols after the use of pepper spray.
Perry argued that Bean never saw Martin kick Nichols, as he was trying to handcuff him at the time of the kick. Perry said that Bean and Smith "didn't have that luxury" to let go of Nichols and walk off after being sprayed.
Perry pointed out in the animation where Nichols continued to lie on his side, not on his stomach as to be handcuffed.
"Mr. Nichols stands up on his own, and they don't have the luxury of letting him walk off up the street. They don't know where he lives. They're holding on to him because they don't want this suspect to get away. Look at how he's pulling when you isolate the video," Perry said. "You'll see Bean's center of gravity where he's actively pulling the man away from any kind of blows."
Perry again argued that Nichols appeared high by the way he reacted, and didn't react, to pepper spray.
"And as he tries to walk away, Bean grabs that right arm and says, 'No. You can't just walk away as a suspect because I don't know what you've done, what you might've done. I just don't know it," Perry said.
"That is what you'll see on the videos that offend the state, and I understand that. But this is their case, and this is their burden of proof. You have the highest burden of proof in the history of mankind. Proof beyond a reasonable doubt... This case, more than any that I've ever had, is not in here, where it would be not guilty. It's down here, proven not guilty."
Perry then said that Mills testified that there was no conspiracy to hurt Nichols. "You don't have Bean in the car mad talking about I don't want to be at work tonight. I'm sick of this stuff. I'm sick of the city. The problems they put us on. None of that. Mills did not testify that Bean used excessive force. To the contrary, he testified that Bean's force was appropriate.
Perry claimed that Hemphill could have made up a story. Instead, he spoke well of Bean's actions and said that Nichols was speeding, changing lanes without a blinker, and running from blue lights. "He testified favorably regarding Tadarrius Bean," Perry said.
Perry addressed testimony from former EMT Robert Long, who responded to the scene. Perry said that Long testified that Bean did not impede EMT from providing aid.
Perry recapped additional character testimony from Bean's college friend and supervisor in training.
"We know one thing: that blow to the wrist didn't kill him. Marco Ross testified in favor of Tadarrius Bean," Perry said of the medical examiner's testimony.
Perry brought up testimony from the theft victims whose cards were found in Nichols' car.
"You're smart enough to have made it here. A lot smarter than I am. But I can figure this out. The stuff didn't belong to Tyre Nichols. So whether or not it's chicken or their stuff, it didn't belong to Tyre Nichols. They testified in favor of Tadarrius Bean," Perry said.
Perry said, "I know what they were doing is right. I know they have to focus on what you're focused on. You know why? Because this guy who's just trying to get chicken might have a pistol and blow your brains out. That's what these guys deal with on a nightly basis."
"He'll get his head blown off. He doesn't have the choice of whether or not this man has it together. He does not have the ability to make that assessment. The games have to stop. All three. The state wanted them to, when asked questions regarding the circumstances they were facing, testify in favor of proving not guilty," Perry said.
Perry brought up the final character witness who testified on Bean's behalf. "If I'm his parent, I'm jumping up and down with pride because my guy jumped out of a car and chased down somebody because that's what he's sworn to do," Perry said.
"I don't know him. I don't want his problems here. I don't know him," Perry said of Nichols' parents original comments to police. "If her son wasn't together at 29 years old and he's out on the street and he's running from where the police are, I'm sorry; if he doesn't have it together and he should have it together, I apologize to her. She's a good one. I'd be cussing about my son if he's dead. But I know one thing. He didn't have it together. Tadarrius Bean had it together. She testified to not guilty. She testified of not guilty," Perry said.
Perry called representing Bean the proudest moment of his life. "He did what I don't think I'd have the courage to do. He got out of his car, and he grabbed somebody who he thought did something wrong. But on this particular night, after 56 times they asked this man for his hands, on this night, after that public cry, he has to sit here in front of you all. He has had to put his life on the balance, and it is in your hands," Perry said.
Perry said the jury should be able to find Bean not guilty "just as easy as it was for him to jump out of his car."
"You don't owe anybody anything as it relates to sympathies," Perry said. "It's not a case where they're abusing the badge and trying to prove a point. It's simple as ABC. I'm asking this man to do a task. I'm asking him to give me his hands so I can put some hand braces on, and he's not doing it. I'm doing everything I know how to do, and you ask me to be more responsible about somebody else's actions at that particular time and risk my own life. It's too much to ask. I'm asking that you help us out on this case. I'm asking that you make this an easy verdict and end this foolishness," Perry said.
Monday, May 5, 3:30 p.m. - Court resumes
Court resumed at 3:30 p.m. Defense attorneys will begin making their closing arguments.
Monday, May 5, 2:15 p.m. - Lunch break
The court rook a lunch break at 2:15 p.m. following prosecutor Melanie Headley's closing argument. Court is expected to return from lunch around 3:15 p.m.
Monday, May 5, 12:23 p.m. - Prosecution begins closing argument
Prosecutor Melanie Headley addressed the jury first in closing arguments. She told the jury that Nichols was just trying to go home when he was pulled over. "But he doesn't make it, because he comes in contact with these officers," she said. She then displayed a picture of Nichols in the hospital.
Headley brought up a question from the defense where a witness was asked, "So, Tyre was whipping y'all's tail?" Headley told the jury that Tyre Nichols was the smallest person at the scene. She then displayed pictures of the officers involved at the second scene.
"In about the same time those pictures are taken by TBI, Mr. Rodney Wells, Tyre's stepdad, takes this same picture at St. Francis Hospital," Headley said, showing a picture of Nichols in the hospital.
"I know y'all have seen a ton of videos this week. When you go to deliberate, you'll have that video... and I'm going to show you some video again and ask you to listen to things and watch things with certain intent. You've seen it all, but now we have to put pieces together. The first thing I want you to do, and this is different from what we've done all week, is I'm going to play a portion of Bean's body-worn camera," Headley said.
Headley reminded the jury that Bean's body-worn camera fell off during the altercation with Nichols. "We're going to listen to the portion where everything happens to Tyre. We're going to hear those first two kicks where Bean and Smith are holding him down. We're going to hear the punches, and we're going to hear the final two kicks from Haley and Martin," Headley said. "Some of those impacts you can hear the kick making contact; you can hear some of those punches. And keep in mind, that camera is not on his chest. It's on the ground somewhere."
"These are some of the last words we hear Tyre say, and the first thing you'll hear him do is yell for his mom. He's yelling for his mom because he wants his mom, I'm sure, but also, how close is he to home? How close is he to his mom? So, listen to that and listen to what Tyre sounds like as the video goes on. Moaning. Pain. But listen all the way through," Headley said.
Headley then played the body camera, instructing the jury to focus on what they hear from Tyre Nichols. Nichols repeatedly moans and screams the word "mom." The camera goes black. Officers can be heard saying, "Give me your hands." An officer says, "Spray him." Nichols screams, "Mom." More commands come from officers, telling him to give them his hands and to lay back. Nichols moans. An officer threatens to "baton the (expletive) out of" Nichols while continuing commands for Nichols to give his hands. More commands of "Give me your hands" come from the officers. Officers scream out their location over the radio. An officer can be heard saying, "Beat that man." The video ends.
"The last words that we hear Tyre say, and he says it three times right there, and I don't know if y'all can hear it, he says, 'Help me,' three times. And you know what happens right after that third time he says, 'Help me'? Defendant Haley runs in and kicks him, and Emmitt Martin kicks him again. And those are the last words we hear from Tyre. 'Help me.' And who is supposed to help him? Those guys. They've got a duty, a duty to help him. And they don't. No one helps him. No witness told you Tyre punched, kicked, Tyre spit. He didn't cuss. He didn't do any of those things. Officer Mills was there. He told you. Officer Hemphill from the first scene. Hemphill even described him as polite. 'Help me.' Who was going to help him? When he's lying on the ground right there, when you hear him say, 'Help me.' Resisting or surviving. Trying to survive. Did you hear the first kick, the soccer kick? You can hear it in that video, the soccer kick. Resisting or surviving? I want to take y'all back to last week. y'all remember during jury selection we talked so much. There was the Rock City stoning. Remember that? There was a robbery. I talked a little bit about the movie Ocean's Eleven. We were talking about criminal responsibility. The judge has given you the law now... As we talked about last week, there are two different ways you can be criminally responsible for the conduct of another. And we're going to find those two different ways in the second and third paragraphs of page 58... Now we're talking about this case. Last week we were talking about examples. Now we're talking about this case. There are five officers out there. Five officers acting together. The two different ways that you can be criminally responsible for the behavior of another, the first way, are in paragraph two. ... If acting with the intent to promote or assist the commission of the offense, the defendant solicits, directs, aids, or attempts to aid another person to commit the offense," Headley said.
Headley then told jurors that if a defendant "fails to make a reasonable effort to prevent the commission of an offense," that is also criminal responsibility.
"As you go through these deliberations and you're considering the conduct of these individuals, you have to consider it under this umbrella of criminal responsibility, and as you read the jury instructions, if it says the defendant, it's the defendant or the one who is criminally responsible," Headley said.
Headley then displayed the definition of second-degree murder: a defendant unlawfully killed a victim and acted knowingly. Headley said knowingly means that a person acted and was reasonably certain that his action would cause the death of a victim. It's also established if the victim acted intentionally.
"How do you know what somebody knew or intended, according to this? You know based on their actions and their words. That's how you know someone's intention. In this case, you can see. You can see what they did and what they didn't do. You can also hear what they said," Headley said. "Keep those things in mind as you go in that jury room, and you have all that evidence."
"Speaking of video, I'm about to play another one, but I want to talk a little bit about what we're going to look for. I want to go back to Mills' testimony. You see him on the video. He's the guy with the baton. He's also the guy who pepper sprays him. Pepper spray is first, then baton. Why? Why did he baton? Do you remember what he said? He was angry. He was angry because he just sprayed himself in the face. We've heard from many use-of-force experts, three, and one thing they all agree on is if you're using force out of anger or to punish, that's excessive. Officer Mills sat here and told you that's why he got his baton out. He was angry. He was angry. The first video we're going to watch is going to be the pole cam (SkyCop). This is going to be a little zoomed in, and I'm going to slow it down a little bit, and the reason I want to do that is so that we can focus on the actions of officers Bean and Smith. Keep in mind criminal responsibility, aid, attempt to aid, and duty to intervene."
"There are four officers and Tyre. I want you to focus on Bean and Smith. Now, we all remember Smith is the one who has on tennis shoes, and they have a white sole. Bean has on a sort of head covering. You'll see them, and they're holding Tyre down. I want you to look at where their faces are, where their hands are, especially when Emmitt Martin comes in with that first soccer kick and then with the second. Then the punches—they're on either side of Tyre, holding his arms while he's getting punched, and Emmitt Martin is doing the punches. He describes those punches as haymakers. Do you remember Mills describing a haymaker? He said it's a knockout punch. We know from the video that Tyre gets at least five of those from Martin while Bean and Smith are holding arms," Headley said.
Headley said that Bean and Smith continued holding Nichols on the ground while Haley ran in and kicked Nichols.
"So, think about what you see Bean and Smith doing in this version of the video," Headley said before playing the SkyCop camera.
"We see those first two kicks. You heard all use-of-force experts testify that the first soccer kick was excessive force, unnecessary, and deadly. And after that first kick, what do we also have triggered? The duty to prevent it. The duty to prevent. Criminal responsibility. Duty to prevent. Bean and Smith are holding him down. Their faces are right there. That first kick, you can hear it on the video. Can you imagine if you were holding the person who took that impact? You'd be able to feel it. We can hear it. But they're holding him, Bean and Smith. The first kick. Right there. Duty to prevent. Duty to intervene. Second kick: duty to prevent, duty to intervene. Then those punches come. They're holding them, and we have all the baton strikes, but we're putting that in another bag. They're holding him. And that's when the haymakers come. You just saw them. I count at least five, and you can watch how hard they are because watch how Tyre's head is impacted by these punches, and after each one of those punches, what do we have? A duty to prevent, a duty to intervene, but these guys continue to hold. Then he's down on the ground. That's seven times those guys could've intervened, could have prevented, could have done something, could've at least said, "Stop."
"What's the next thing that happens? Officer Haley, 'Beat that man's (expletive),' he says. Do you remember criminal responsibility? Directive... After Haley says, 'Beat that man' and does his kick, then you have Martin come in with another kick. That's a total of nine times... Not one person does one thing. Not even so much as say, 'Stop. Hey. Whoa. Don't you think that's a little much? 'Nothing," Headley said. "So, then the defense is going to tell you they were pepper sprayed. They didn't see anything. Keep in mind, we can hear these impacts. These men are holding Tyre's body while it's happening. Their faces are this close. They're going to say they were pepper-sprayed, tunnel vision, couldn't see anything."
Headley then played Mills' body-worn camera footage. Mills tells Bean and Smith to move away because he's about to use pepper spray. They do. Then all the officers walk away, impacted by the spray. Headley argued that pepper spray sprays in a direct stream, as demonstrated on the defense's "Bad Bob" videos. Headley argued that Haley was angry after spraying himself and came back to kick Nichols.
"Immediately you hear Mills reacting to that spray, and you can also see Martin step away," Headley said. Headley pointed out that Martin threw down his camera. "They get angry, and we'll watch what they do next," Headley said, continuing to play the body-camera footage.
Mills then returns, saying, "I'm going to baton the (expletive) out of you."
"Listen to how angry, listen to the scene, 'I'm about to baton the (expletive) out of you. You can't hear anything he said on the stand, but you can hear that they're angry. Their anger," Headley said.
"Keep in mind Bean and Smith, how they're assisting, how they're aiding as Martin is delivering these haymakers. How close they are to Martin. How close they are to Tyre as this is happening," Headley said.
"You see, Mills body camera captured some of those punches, and he heard the first 'thump,' he called it," Headley said. "He had a duty to stop. He didn't do it, but he saw it and he heard it, and he said, 'I knew it wasn't good, and I walked away."
"Mills was asked, where were Bean and Smith when those first two kicks happened?" Headley said. "His answer: right there. Where were Bean and Smith when Martin was giving those haymakers? Mills' answer: Right there. Right there. Mills told you he didn't do anything to stop it. He didn't tell the EMTs or paramedics what happened. He regretted it, and he pled guilty. That's Mills."
Headley argued that, in many respects, you can put Bean and Smith in the same category. "Haley, a little different," Headley said. "His attorney has brought it up on every possible occasion that Haley didn't have a duty to intervene he didn't see. I agree with that. So, let's talk about what Haley did do and what Haley did see. What do we know about Haley? Back to the pepper spray. Remember the video from the first scene. Haley tries to pepper spray Tyre and sprays himself. Remember that video from the first stop... and he stays there in that first scene washing his eyes out. But once he feels like he can drive, he gets in the car and drives to this scene and comes running in, running, not assessing, not taking his time, not saying, 'Hey Bean, hey Smith, what's the situation? Is he in cuffs? What's happening'? Runs in, says, 'Beat that man's (expletive), and does a kick, and as soon as he gets done with his kick, Martin comes back in and gives another kick".
Headley pointed out that every use-of-force expert agreed that Martin's kick was excessive. Two called Haley's kick excessive.
"One said, 'Haley's kick was fine.' And that was Mr. Cameron, who is Haley's use-of-force expert. He says that Haley came in, made an assessment of the scene, surveyed Tyre Nichols, and decided to deliver a kick expertly to the certain area that would then allow them to cuff Mr. Nichols. Maybe Mr. Cameron has some X-ray vision. I don't know. You watch it. You decide if that's what Haley did as he said, 'Beat that man's (expletive) and kicked. He also wanted you to believe that was verbal judo, 'Beat that man's (expletive). So, I'll leave it to you if you agree with Mr. Cameron that Haley's kick is fine. But there's another kick right after it from Martin, which triggers duty to intervene, duty to prevent. Stop. Nobody so much as says the word stop one time. But then what does Haley do? After they drag Tyre over and prop him against the car, what does Haley do? He takes a picture. A little trophy pic. Let's watch just a little video and look at the actions of Haley. What does he say? What does he do?" Headley argued.
Headley played the SkyCop video synced with audio from Bean's body-worn camera.
"Here, Tyre is on the ground. Bean, Smith, and Martin are all there, taking two kicks and five haymakers to the head, and you'll hear the beep that sounds like a car lock, and right after that we're going to see Haley run into the scene," Headley said.
"What does Haley say right after he delivers that kick? 'That mother (expletive) made me spray myself.' Because he's pissed. He's angry, and he's reacting out of anger. He runs in and delivers that kick. Bean and Smith right there—duty to intervene". Then after they drag Tyre up against the car, high-fiving, fist-bumping, and talking about who got the best licks and who did what, Haley walks over and takes a picture of Mr. Nichols. Did his expert testify that he was documenting his injuries? For what? For whom? The 11 people he sent that picture to?" Headley said. She then displayed the picture Haley took for the jury.
"So, after yelling 'Beat that man's (expletive), running and kicking, and talking, he goes over and takes this picture and sends it out to at least 11 people?" Headley said. "What about the text thread he had with some other MPD officer? Whoever MPD Fox is must have heard about the incident. 'Who beat that dude up last night?' Haley responds, 'Us'." Headley continued to read the text thread.
"No big deal. Who beat that man up? So, when you start to think about what Haley's intentions were, if Haley did things knowingly, you can look at his actions, you can look at his words, and you can look at his texts to know what he was thinking," Headley argued. "What he was doing was intentional. Look at his picture. Look at his text."
"You know who's not on trial this week? Tyre Nichols. He's the victim in this case, and by the time you hear from the defense today, they're going to try and convince you that Tyre should be on trial. They're going to show you these credit cards that were found in his car days after. These officers had no idea these cards were in his car. They're going to talk about some mushrooms that were found in his car. 1.77 grams... So, the amount of mushrooms that were in his trunk weighed the same as two dollar bills, and so because of that he deserved this? Because he had those credit cards in his car? They didn't even know that stuff was there. TBI found that when they executed a search warrant on his car days after the event. But they're going to say, 'Well, he was guilty of something. That's why he was running.' So, let's just take a minute and think, why was Tyre running? This is where it gets tricky because you have to put a lot of faith in what Emmitt Martin says. Hemphill told you that he heard Martin say that he had one speeding. Hemphill didn't see anyone speeding. Do you remember what he saw Nichols do? Improper lane change. The violation he saw was improper lane change and fleeing, he says. If you remember that video, it was Martin's body cam. Those blue lights are on for maybe 20 or 30 seconds. Keep in mind these are unmarked cars. It doesn't say Memphis Police on the side. They do have blue lights. He has blue lights on for maybe 30 seconds, and then he turns them off. And if Tyre is driving like a crazy person and trying to get away from them, why then, do you remember where they see him? At a red light with his blinker on, waiting to turn to go into his neighborhood. This is when they encounter Tyre for the first time, and we're going to play just a clip from that scene, that chaotic traffic stop where they're all giving commands. This is like the deadliest, craziest game of Simon Says I've ever seen," Headley said. "And think about this too: at the other scene, after the fact, once Tyre is propped up against the car and they start talking about what happened at this stop, one of the things you'll hear Haley say is, 'Man, he came out of that car swinging. He almost got me.' Tyre Nichols doesn't have a chance. They drag him out of that car."
Headley then played body-camera footage from the original traffic stop.
"Why is Tyre running? I submit to you that he's running from those officers. The defense is also going to make a big deal about that pole cam where you can see Tyre hiding behind those cars. I submit to you that, yea, he is. He's hiding from those officers... He's hiding from those guys."
"It's also not the State of Tennessee vs. Robert Long. You remember that EMT who testified? They're the reason he's there. If they hadn't done what they did, the EMT would have never had to respond. He thinks he's responding to pepper spray and tasing," Headley said. "That's what they were responding to, then they get there and see what Tyre looks like... Nobody told them what really happened. So, don't let the defense blame-shift. It's not EMT Long's fault. It's not Tyre Nichols' fault that they did what they did because he had some credit cards in his car and because he had 1.77 grams of mushrooms. We're here about the acts of these defendants. That's who's on trial this week."
Headley then pointed out certain injuries pointed out by the doctor who performed the autopsy. Those injuries occur when someone's head is hit with so much force that the brain can't keep up with the skull and tears away from the skull. Those injuries caused Nichols' brain trauma, Headley argued. Dr. Ross testified that it's typically an injury seen in car wrecks. Headley pointed out that in such car wrecks, people have on seat belts. "And what do we know about what's happening out there that night? Bean and Smith are holding Tyre down when those first kicks come, so his body is being held stationary while that force goes to his head," Headley said.
Headley argued that people normally punched in the face would fall down, but if they're being held, the person's brain can not move with the skull.
Headley then went over the indictment with the jury. "I submit to you, based on the proof from the medical examiner, that brain trauma, those injuries, was caused by the impacts of Emmitt Martin. Soccer kicks. Five haymakers to the head... They're all out there. They're all doing it together. They're all engaged together. That's second-degree murder," Headley said.
Next, Headley explained aggravated kidnapping, explaining that it's the unlawful confinement. "He's propped up against that car unlawfully. There was a time that night, there was a time, when those officers could have arrested Tyre, and that would have been lawful, but that changed the minute we got that first soccer kick, that first use of excessive force that no one does anything about. That's when it changed. From that moment forward, everything that they do next is unlawful," Headley argued.
"He's propped up against that car, and they're high-fiving, hanging out; nobody's rendering any aid. You heard the use-of-force experts that officers must render basic medical aid if they can. Nobody's doing anything. Really not doing anything at all. The EMTs get there. Nobody tells anything that's going on. So, that's the kidnapping. It's when he's there cuffed. Liberty interfered with. He's confined... During that time, he's basically dying. By the time the paramedic gets there, he's going into cardiac arrest.
Headley argued that the fact that the former officers had a gun during the incident is cause to convict for aggravated kidnapping with a deadly weapon.
Regarding official misconduct, Headley argued that the defendants were MPD officers, therefore public servants, and that they committed an unauthorized act of official power. "From that moment of that first soccer kick, everything going on out there is unlawful, and now it's unauthorized by their official powers because we've had excessive force and nobody's stopping it," Headley said.
The second count of official misconduct argues that the former officers refrained from performing a duty imposed by law. "Refraining from performing a duty. These guys had a duty to inform the EMT about what was going on, about what they've done, about what kind of care this guy needed, and nobody said anything," Headley said.
The last count, official oppression, has two elements, Headley explained. The defendant must be an officer and the defendant intentionally subjected another to mistreatment that they knew was unlawful.
"Tyre was subjected to mistreatment," Headley said.
Headley then explained criminal responsibility.
"Do you remember this week when we watched an animated video? It was a cartoon thing, and it only showed what Smith was doing," Headley said. "That's not what happened out there. It's five officers acting together. If there was one officer out there, would we be here? No. If it was just Justin Smith in that animated video? No. That's not real life. That's an animated video. It's a vacuum. Every step of the way, what do you see? You see these officers working together. Holding an arm, holding an arm while he's getting punched. Holding him down while he's getting soccer-kicked. When he's on the ground, three officers are on top of him. That's when Haley rolls in. 'Beat that man's (expletive). 'Kick, another kick. All five officers, not one. All five. But it's not just their actions that you have to look at. You also have to look at their omissions. The duty after every one of those impacts, and I count nine, every one of those requires a duty to prevent, a duty to intervene, and that's part of criminal responsibility, and not once did someone so much as say, 'Stop.' In fact, as soon as it's over, we start fist-bumping, we start high-fiving, and we start playing back what we all did that was so great. Ladies and gentlemen, in our opening, Mr. Hagerman told you these men aren't monsters. We're not here to tell you they are. You've heard from a bunch of character witnesses for Bean and Smith who said they're great guys and good officers. Okay. What we're to talk about is what happened on January 7, 2023, and not one of those character witnesses was on the scene that night."
"Not good or bad. Not right or wrong. But did the state carry their burden in proving these seven counts? Did they prove that these three officers did what we say they did on January 7, 2023? Are good people capable of doing bad things? That night, January 7, 2023, those three officers did bad things, and when Tyre cried for help, they didn't do anything. Nobody helped. Nobody prevented it," Headley said in closing.
Monday, May 5, 12:14 p.m. - Breakdown of charges and lesser charges
The jury may find the defendants guilty of any of the seven charges against them. However, if they find a defendant guilty of one charge, they could still convict on a lesser charge.
For instance, the jury may find one of the former officers not guilty of second-degree murder but guilty of reckless homicide. All three defendants have been charged with second-degree murder, aggravated assault—acting in concert, aggravated assault—resulting in death, aggravated kidnapping with bodily injury, aggravated kidnapping with a deadly weapon, official misconduct—unauthorized exercise of official duty, official misconduct—refraining from performing a duty, and official oppression.
Here's a breakdown of those charges and the lesser charges that fall under each count.
Second-degree murder
Facilitation of second-degree murder
Voluntary manslaughter
Facilitation of voluntary manslaughter
Reckless homicide
Facilitation of reckless homicide
Criminally negligent homicide
Aggravated assault - resulting in death
Aggravated assault resulting in injury
Aggravated assault—acting in concert
Attempted aggravated assault
Facilitation of aggravated assault
Aggravated kidnapping with bodily injury
Attempted aggravated kidnapping
Facilitation of aggravated kidnapping
False imprisonment
Attempted false imprisonment
Aggravated kidnapping with a deadly weapon
Attempted aggravated kidnapping
Facilitation of aggravated kidnapping
False imprisonment
Attempted false imprisonment
Official misconduct—unauthorized exercise of official duty
Attempted official misconduct
Facilitation of official misconduct
Official misconduct—refraining from performing a duty
Attempted official misconduct
Facilitation of official misconduct
Official oppression
Attempted official oppression
Facilitation of official oppression
The jury may also, of course, find the defendants not guilty on any of those charges. If the jury finds a defendant not guilty of one charge, they have been instructed to then consider lesser charges in that count. If the jury finds a defendant guilty of a charge, there is no need to consider lesser charges.
Monday, May 5, 9:41 a.m. - Defense attorneys submit jury instruction requests
John Keith Perry, attorney for former officer Tadarrius Bean, asked Judge Jones to instruct the jury to keep in mind the mindset of Bean and the flight instruction. Michael Stengel, attorney for Demetius Haley, argued the same, along with mentioning that "the officers are responding as trained." Stengel also mentioned the drugs and credit cards found in Nichols' car. He asked the judge to instruct the jury to consider the mindset of Nichols as he ran from officers.
Mattin Zummach, attorney for Justin Smith, echoed the same requests.
Lead prosecutor Paul Hagerman asked Judge Jones to deny those requests.
Judge Jones denied the requests from defense attorneys that jurors must consider the flight instruction.
Stengel asked that Haley's theory of contention be submitted. This essentially outlines the defense's theory of his case. Hagerman argued that the submission of a factual statement by a defendant does not follow under the case referred to by Stengel. Judge Jones ruled that such a statement by Haley would be argumentative and ruled against Stengel.
Monday, May 5, 10:40 a.m. - Jury instructions
Judge Jones read the jury instructions. He instructed the jury that all three defendants must be looked at separately.
The jury may also consider lesser charges for the defendants. For instance, the jury may find one of the former officers not guilty of second-degree murder but guilty of voluntary manslaughter or criminally negligent homicide.
All three former officers are charged with the following: second-degree murder, aggravated assault—act in concert, two counts of aggravated kidnapping, two counts of official misconduct, and official oppression.
Judge Jones told the jury to only consider the evidence and to disregard any statements made that the jury does not feel support the evidence.
Jude Jones instructed the jury on the definition of each charge.
The judge, again, instructed the jury to deliberate on each defendant individually. Each defendant may be found guilty or not guilty of their respective charges. A verdict could be issued for one defendant but not another.
Judge Jones reminded the jury that the state has the burden of providing proof for each charge. He then explained that direct evidence proves the existence of the fact. Circumstantial evidence consists of facts and circumstances that do not directly prove an issue but could infer that something occurred.
The judge reminded the jury that the trial began with the presumption that each defendant is innocent. In order to convict any defendant, the jurors must be convinced beyond a reasonable doubt that the defendants committed the crimes.
Judge Jones described reasonable doubt and the burden of proof. He also instructed that the jury can believe all, part, or none of any witness testimony. The judge reviewed all of the expert witnesses. He told the jury that they do not have to accept the experts' opinions.
Judge Jones defined criminal responsibility. The defendants could be found guilty of another's criminal action if they acted in a way that assisted the person who committed the crime. For instance, if one defendant had a duty to prevent a crime from happening and failed to do so, they could be found criminally responsible. It's not necessary that a defendant be present during the crime. Encouragement to commit the crime is enough to find a defendant criminally responsible.
Judge Jones then addressed a witness claiming to be a participant, notably the testimony of former MPD officer Desmond Mills, who accepted a plea deal in the case. Judge Jones told the jury that they are not to convict upon that testimony alone unless they are convinced beyond a reasonable doubt that the testimony is true.
Judge Jones then told the jury that each defendant had the right not to testify in their own defense and the refusal to testify in their own defense should not be considered an act of guilt.
The judge brought up the allegation that the lack of treatment for Nichols contributed to his death. Judge Jones told the jury to consider whether the treatment was performed in a negligent manner and was the sole cause of Nichols' death. The jury must determine, if they believe the medical treatment was negligent, whether or not a defendant's actions contributed.
If the jury unanimously decides that a defendant is not guilty of one offense, they must then consider each lesser offense under that charge. If they find the defendant guilty of one offense, they will not consider lesser offenses. For instance, if the jury finds a defendant guilty of second-degree murder, they will not need to deliberate on a charge of reckless homicide.
Monday, May 5, 9:38 a.m. - Defense attorneys, again, ask for acquittal
John Keith Perry, defense attorney for Tadarrius Bean, began day seven by, once again, asking Judge Jones to acquit his client. Michael Stengel, defense attorney for Demetrius Haley, asked the same for his client. Martin Zummach, attorney for Justin Smith, also asked for acquittal. This is the second time all attorneys have brought up a motion for acquittal.
All attorneys argued that the state provided insufficient evidence and failed to provide enough proof to find the former officers guilty.
Lead prosecutor Paul Hagerman disagreed and asked the judge to send the verdict to the jury.
Judge Jones ruled that sufficient proof was provided and denied the motions for acquittal.
Monday, May 5, 9 a.m. - Court begins
Day seven of the murder trial began shortly after 9:30 a.m. on Monday.
Monday, May 5, 4:15 a.m. - Recap
Closing arguments begin in the Tyre Nichols murder trial Monday morning. Then, the case turns to the jury, which will decide the fate of former Memphis Police officers Tadarrius Bean, Demetrius Haley and Justin Smith.
Each accused officer briefly took the stand Saturday.
The judge called them up and all three put on the record before Judge Jones that they would not be testifying. Shortly after, the defense rested its case. What's expected today include closing arguments, jury instructions and deliberations.
Court is scheduled to go into session at 9 a.m. Monday.
Saturday, May 3, 4 p.m.- Three defendants took the stand, put on the record they did not want to testify in the trial
MURDER TRIAL DAY 6: Defense rested and defendants Tadarrius Bean, Demetrius Haley, and Justin Smith took the stand. They told the court they will not be testifying in their own defense. #TyreNichols pic.twitter.com/clf2zHP43N
— Kayla Solomon (@KSolomonReports) May 4, 2025
The final three witnesses were all character witnesses for defendant Justin Smith.
The first was Garrett O'Brien, a current police officer who worked for the Memphis Police Department for 10 years. At one time, he worked with Justin Smith as part of the Organized Crime Unit.
He testified about an instance where Smith was asked to execute a search warrant with him at a home. He said Smith took a careful look at the warrant and told O'Brien he could not seize money from the scene because it wasn't part of the warrant. He said it was a lump sum of about $5,000.
Next, former police officer Brian Nemec testified. He described Smith as a 'good cop' and said he did not 'lose his cool' during big events.
Former MPD officer Mark Wojcicki told the jury he worked for the department for 25 years. He described Smith as an officer who 'sticks to the facts' and 'got into police work to help people.'
As the defense teams for Haley and Smith rested, Judge James Jones asked the three defendants to take the stand and put on the record they did not want to testify in the trial.
Court will resume with closing arguments and jury instructions on Monday morning at 9 a.m.
Saturday, May 3, 3:47 p.m. - Defense attorneys rest case
All three defense attorneys have rested their case.
Saturday, May 3, 3:03 p.m. - Prosecution's redirect of use-of-force expert
Lead prosecutor Paul Hagerman redirected use-of-force expert Don Cameron. Cameron said that, if former officer Tadarrius Bean saw Nichols being kicked or hit in the head, he had a duty to intervene.
"So, it's really a question of if they saw it or not, right?" Hagerman asked. "That's correct," Cameron said.
Hagerman then asked about a statement from Cameron where he said he couldn't tell if Nichols was being kicked. Cameron clarified that it appeared the kicks connected with Nichols but he couldn't tell where the kicks landed.
Saturday, May 3, 2:53 p.m. - Tadarrius Bean's attorney redirects use-of-force expert
John Keith Perry, defense attorney for Tadarrius Bean, cross-examined use-of-force expert Don Cameron.
Cameron testified that a BOLO went out for Nichols and that officers believed Nichols had "overcome three men weighing in excess of 250 pounds." Cameron said, if an officer heard that, he would be expected to get out of a vehicle and run down a dark street to capture that suspect.
"Is that in any way a violation of what you know as proper procedure and policy?" Perry asked. Cameron said it is not. In tackling Nichols, Cameron said he saw no actions from Bean that were excessive.
Cameron said he could not tell if a kick connected to Nichols and he could not tell if Bean could see that somebody was about to kick Nichols. Cameron said it did not appear that Nichols was coming into compliance and that it looked like Nichols' arms were moving. Perry argued that Bean did not "have the luxury" of knowing why Nichols was running or letting go of Nichols' hands.
Perry argued that Nichols "didn't do anything that he's been told to do and is trying to walk in a circle" as Bean and Smith held Nichols' hands. "Does Mr. Bean have the luxury of letting him go and have an altercation with another officer who might use ineffective force?" Perry asked. Cameron said, "No. He certainly can't."
Saturday, May 3, 2:39 p.m. - Redirect from Justin Smith's attorney
Martin Zummach, defense attorney for Justin Smith, redirected use-of-force expert Don Cameron.
Cameron spoke about the different types of pepper spray and testified that the type used by law enforcement officers is more than three times stronger than the kind obtained by civilians. Cameron said that, if a suspect was not affected by pepper spray, it may mean that a suspect is under the influence of a narcotic.
Zummach asked Cameron if responding officer rely on other officers to only use necessary force. Cameron said that's correct. Officers trust their other officers to only use necessary force. Cameron said unnecessary force is the same as excessive force. Zummach asked Cameron if any officer at the scene had any reason to believe that any officer would use unnecessary force. Cameron responded no, no meeting would have been had before hand. He also testified that Smith could not intervene in the use of excessive force if he did not see it.
"Was there anything keeping Tyre Nichols, when Bean had to tackle him, Bean had no choice but to tackle the suspect, was there anything to keep Mr. Nichols from saying, 'I'm done. I'm done." Cameron said no, there was nothing from keeping Nichols from saying, "Hey, I give up." "He continued to fight and resist the officers," Cameron said.
Cameron testified that a unit like the SCORPION Unit went into high crime areas looking for felony arrest. He was surprised to learn that each officer of the unit averaged about two felony arrests per day. Zummach argued that 80 to 90 percent of those arrestees had a hidden weapon on them. Cameron said that does not surprise him.
Zummach asked Cameron if he knows what "blading" is. He then described it as lying on his hip rather than his back. Cameron said such a position is dangerous to officers. Zummach asked if a suspect can get a weapon if he's in that position with a free hand. Cameron said it does. Cameron said Nichols never laid on his belly or back.
Zummach asked if officers can not respond to a fleeing, unsearched suspect. Cameron said "They better not" or else they'd be disciplined.
Zummach brought up lead prosecutor Paul Hagerman's question regarding former officer Emmitt Martin's punches. Hagerman asked if officer's have a duty to intervene when they see something like that. Cameron said they did. Zummach said the key word is "when they see" something like that. Cameron clarified that if officers don't see it they can't intervene. Zummach spoke about "tunnel vision." Cameron said, at Zummach's suggestion, that in a critical incident an officer may have two degrees of tunnel vision. Not having prescription glasses and pepper spray in your eyes could make that vision worse. Cameron testified that one handcuff on a suspect is "very dangerous."
Zummach pointed out that Smith got that one handcuff on Nichols after being sprayed with pepper spray. Zummach talked about a version of "tunnel vision" where someone in a critical incident can also not hear everything.
"Chasing a suspect with a 80 to 90 percent chance that they have a weapon on them down a dark street with OC spray in your face, would that fall into the category of a critical incident?" Zummach asked. Cameron said it would and he would expect an officer in that situation to have tunnel vision.
Zummach pointed out that the body-camera footage doesn't capture the fear and exhaustion an officer goes through.
Saturday, May 3, 12:51 p.m. - Lunch break
The jury was excused for lunch at 12:51 p.m.
Saturday, May 3, 12:38 p.m. - Redirect of use-of-force expert from Demetrius Haley's attorney
Michael Stengel, defense attorney for former officer Demetrius Haley, redirected use-of-force expert Don Cameron. Cameron said it was a high-risk traffic stop and that the officers heard Martin mention Nichols was trying to get his gun. "You don't question an officer and say, 'Did it really happen?'... You don't ask those questions," Cameron said.
Cameron said that if a suspect gets an officer's gun, someone could get injured or killed.
Regarding Haley's kick at the second scene, Cameron said that Haley didn't randomly run in and kick Nichols. "He picked a spot in the triceps area. He knew from his training that would loosen the arm up and allow the other officer to handcuff him," Cameron said.
Cameron again described "verbal judo" as being the process of taking someone into custody by using the least amount of force possible. It's the lowest level of force an officer can use, Cameron said.
Stengel addressed the SkyCop video. In the video, former officer Emmitt Martin, who pleaded guilty, can be seen kicking Nichols, Mills can be seen using his baton three times, and Martin can be seen punching Nichols in the head.
Cameron said that he believes Haley was still in his vehicle at that time. Cameron doesn't believe that Haley saw Nichols receive any "headshots."
Saturday, May 3, 11:58 a.m. - Prosecution continues cross-examination of use-of-force expert
Lead prosecutor Paul Hagerman continued his cross-examination of use-of-force expert Don Cameron. He played a portion of the SkyCop video showing former MPD officer Demetrius Haley get out of his car and scream, "Beat that man." Haley then kicks Nichols while he's on the ground. "While Mr. Nichols is on the ground after two kicks to the head, three baton strikes, and five haymakers that we have all agreed were unnecessary," Hagerman said.
Hagerman then replayed the kick video. Haley kicks Nichols and walks away. "He doesn't bend down to attempt to handcuff Mr. Nichols. He doesn't do anything to help assist after his kick," Hagerman said. After Haley walks away, former MPD officer Emmitt Martin, who has pleaded guilty, walks up and kicks Nichols again.
"And everybody out there who would've seen that has a duty to intervene, is that correct? And this entire time, we've heard no, 'Stop,' no 'Whoa, whoa. We got this,' from anybody?" Hagerman asked. Cameron agreed.
Hagerman asked if the officers had a duty to give "helpful medical information" to EMTs. He asked if it would be helpful for EMTs to know that he took "head shots." Cameron agreed to this.
Hagerman said that the officers could have even made up a story about how Nichols hit his head, but nobody ever said a word about a hit to Nichols's head. "You would train officers to tell medical personnel, let them know that a man took shots to the head, wouldn't you?" asked Hagerman. "Everything the officer knew, yes sir," Cameron said.
Hagerman said that he may never agree with Cameron's assertion that Haley's kick was necessary. Cameron also said that he believes Haley's command, "Beat that man," was in an attempt to get Nichols into custody.
Hagerman then claimed that the jury is able to agree or disagree with his opinion.
Hagerman then played Haley's body-worn camera footage from the altercation at the second scene. The footage starts after the altercation between Nichols and officers began at the second scene. This portion of the video shows officers talking after Nichols was beaten.
Hagerman asked if Cameron could see something flash. He's referring to a cell phone pointed at Nichols. He asked Cameron if he knew that Haley took a picture of Nichols as he was propped up against the car. Cameron testified that he knew about the picture and that he knew Haley sent pictures of Nichols to several people. Cameron testified that he trains officers to take a picture of a suspect. "To take pictures of a person who has been beaten up and is lying on the side of the car and send them to a bunch of people?" asked Hagerman. Cameron said that an officer may take a picture of a suspect to document the injuries. Hagerman asked if he thought the picture was to document injuries. Several defense attorneys objected. Cameron testified that Haley said the picture was to document injuries.
"You believe Officer Haley took a picture to document injuries?" asked Hagerman. "That's what he said, sir," Cameron said. Hagerman asked Cameron if he knew Haley sent the picture to at least one girlfriend. Cameron said he believed he knew that. Cameron agreed that those people were civilians.
Stengel objected, claiming that several people the picture was sent to were classified as "MPD." Judge Jones allowed the question.
Hagerman continued playing video showing the officers talking about the incident. In this video, the officers claim that Nichols had his hand on Emmitt Martin's gun and that Nichols was high. Nichols's autopsy only showed a small amount of alcohol and THC, consistent with recreational use, in his system. Martin later said that, when he referred to Nichols grabbing his gun, he may just have felt something tugging at his belt. An officer can be heard talking to Nichols, asking him if he took any drugs. The officer appears to hear Nichols say that he didn't take anything, but the officer apparently doesn't believe this.
Hagerman played all of Haley's body-worn camera from the second scene and introduced it into evidence. He then played Justin Smith's body-worn camera, starting with Nichols being propped up on the car.
Saturday, May 3, 11:55 a.m. - Brief recess
After asking an attorney to approach his bench, Judge Jones excused the court for a brief recess around 11:45 a.m. When the trial resumes, lead prosecutor Paul Hagerman is expected to continue his cross-examination of use-of-force expert Don Cameron.
Saturday, May 3, 11:04 a.m. - Prosecution cross-examines use-of-force expert
Lead Prosecutor Paul Hagerman then cross-examined use-of-force expert Don Cameron. It's his first cross-examine of a use-of-force expert.
Cameron clarified that he's not here to tell the jury what the law or the facts are. The jury must make their own determination. He's also not here to tell the jury that they must accept his opinion. He's simply at court to offer his opinion based on some evidence he's seen.
In preparing for his testimony, Cameron reviewed "a lot of materials," Cameron said.
Hagerman asked if there are limitations to Cameron's opinions. He agreed that there could be limitations and that he wasn't at the scene. He based his opinions on stuff that he read and that he can't verify the truth of those things.
Hagerman clarified that the former officers are not charged with anything related to the original traffic stop.
"When you testified that Tyre attempted to grab Officer Martin's gun, did you see that?" Hagerman asked. "Oh, no sir," Cameron said.
"In fact, you're basing that opinion on something that Martin said, correct?" Hagerman asked. Cameron said that's correct, along with Hemphill's testimony. Cameron acknowledged that he doesn't know if it was true. He said that, in fact, Martin later made a comment to Hemphill to make Hemphill question that comment.
"But we have reason not to take his word for it," Hagerman asked of Martin's gun comment. "Yes, sir," Cameron said.
Hagerman asked Cameron about Nichols' alleged reckless driving. Cameron clarified that he meant that an officer said Nichols was speeding and that he changed lanes without a signal. "Do you also mean that he was driving in opposite lanes of traffic and all of that stuff that Officer Martin made up later?" Hagerman asked. Cameron said. Stengel objected, and Hagerman pointed out that Martin says these things on body-worn camera footage. Martin Zummach, Justin Smith's defense, argued that Martin never admitted that the statements were false.
Hagerman asked if Cameron knew that Hemphill did not see Nichols come into oncoming traffic. Cameron said he did not know that. That would be another example of limitations on Cameron's testimony, he said.
Hagerman then played the SkyCop video synced with the audio of Bean's body-worn camera footage. Hagerman paused the video after Nichols was kicked.
Hagerman asked Cameron if that kick was excessive. "It doesn't seem to be used to accomplish a particular goal. So, it's unnecessary," Cameron said. He said such a kick could be deadly force. He agreed that any officers who saw the kick would have a duty to intervene if they could.
Hagerman then played the video showing Nichols being kicked again. Cameron called it "excessive and unnecessary" and said that any officer who saw it should intervene. While he's being kicked, Nichols "appears to be reacting to being kicked," Cameron said. Hagerman asked him if he appears to be resisting. "I can't really see what he's doing with his hands, whether he's trying to get his hands away from the officers or if he's trying to resist being handcuffed," Cameron said.
Hagerman asked if Nichols was resisting when he fell to the ground. Cameron said no. Upon the second kick, Cameron said you still couldn't see what Nichols was doing.
"We've agreed that the first kick is unnecessary and deadly force. Isn't he allowed at that point to try and survive?" Hagerman asked. "To try and prevent being kicked, yes sir," Cameron said. "Don't you train your officers that one of the dangers of using force like this is that the poor man has a right to defend himself and try to survive?" Hagerman asked. "Yes, sir," Cameron said.
Hagerman played the video in which you can hear Nichols yell. Cameron said that either being in pain or frightened would be expected in such a situation.
Hagerman asked Cameron if he knew that Nichols suffered a traumatic brain injury at that point. He did not, but he is familiar with the use of force regarding people with disabilities. Cameron said he would assume that people with traumatic brain injuries could have a problem responding to commands.
Hagerman then played a portion of the video showing Nichols "appears to roll into a seated position." Cameron said he doesn't know if he got into that position himself or if he was pulled into that position.
Hagerman asked if, at this point in the video, Nichols may have been trying to survive. Cameron said, "He could be, yes sir." Hagerman asked if Nichols should get away if he could. "I'd say he should submit to the arrest and put his hands behind his back," Cameron said.
John Keith Perry, Tadarrius Bean's defense attorney, objected that Cameron is now testifying beyond his expertise. The judge allowed the questioning.
Hagerman pointed out that Nichols doesn't know how many more times he could be kicked. "He's in a damned if you do, damned if you don't situation, isn't he?" Hagerman asked.
"You see the danger of him complying, don't you?" asked Hagerman. Cameron said that normally when someone complies, the officers stop using force. Cameron did not know which officer used the baton on Nichols. "So, this isn't normal, is it?" asked Hagerman. "To continually kick someone? No, sir," Cameron said.
The video then showed former officer Desmond Mills hitting Martin with his baton. Mills previously testified that he hit Martin because he was angry. "Are your officers trained to react out of anger?" asked Hagerman. "No, sir," Cameron said. He said that the hits were unnecessary and excessive if they were out of anger and used to inflict punishment.
Cameron agreed that any officer who saw it had a duty to intervene. Hagerman then showed Martin hitting Nichols in the head as Bean and Smith held Nichols by the arms while Mills stood nearby. "Was that force unnecessary?" asked Hagerman. "The other officers would have him under control. So, at that point, there would be no need to punch... it wasn't needed at that time," Cameron said.
Cameron agreed that a hit to the head like that could be deadly. It's the third blow that could be deadly. While he's being hit, Nichols' body reacts to being hit, Cameron said. Cameron said that Nichols never threw a punch or kick in the video. He said that, at this point, Nichols sustained three potentially deadly blows.
Nichols is hit in the head again. Again, it was unnecessary and excessive, Cameron said. If an officer saw it, they would have a duty to intervene.
Nichols can be seen leaning away from the officers. "It doesn't appear too prudent for him to try and get away from the officers, but I guess he could try," Cameron said. "Doesn't appear to be prudent for him to stay either, does it?" asked Hagerman. "No, sir," said Cameron.
Nichols is then hit in the head two more times; both were unnecessary and excessive, Cameron said. Cameron said any officer out there could have said, "Stop," and tried to intervene. He said he did not hear anybody say "Stop" or "Whoa, whoa, we got this."
Hagerman played more video where Haley can be heard saying, "Beat that man's (expletive)." He said that as soon as he jumped out of his patrol car.
Cameron again testified that police officers talk harshly. "I know they talk harshly, and I don't have a problem with people talking harshly like that, but 'Beat that man' is something different, isn't it?" Hagerman asked. Cameron said, "I could say, 'Beat that man to get him into custody.'" Hagerman argued that he's feet away from a man surrounded by police officers, surrounding a man on his stomach. "He's just going to jump out of the car and yell directions at other officers to beat that man?" Hagerman asked. Cameron again said that those directions could have been to get Nichols into custody.
Cameron argued that Haley's kick was in order to get Nichols' arm behind his back. Hagerman countered that, in order to believe that, the jury needs to believe that Haley said, "Beat that man" to get Nichols into custody. Cameron said he believes that Haley did not react out of anger and that he was doing what he had to do to get Nichols into custody.
Hagerman objected and attorneys approached the judge.
Perry then asked Cameron if he had any issues of Bean's actions. "No, he was doing what he was trained to do, trying to get that person into handcuffs," Cameron said.
Saturday, May 3, 10:07 a.m. - Demetrius Haley's attorney calls expert witness in police training and use of force
Michael Stengel, attorney for Demetirus Haley, called Don Cameron to the stand. Cameron started his career in law enforcement in 1966. He currently works for himself through Cameron Consulting. That is a consulting firm for attorneys, law enforcement, and private individuals. It consults on police training and police tactics and writes police training policies for agencies mostly in California. He is a subject matter expert for a Peace Officer Standards and Training commission. That's a commission that sets standards and regulates police agencies. It makes recommendations on police practices. He's considered an expert on the use of weapons and crowd control.
Cameron said that he has read the Tennessee POST Commission's policy and procedures. He said they are consistent with other states' POST standards.
Cameron said he trains officers in the use of force, arrest control techniques, how to search, control, and take people to the ground, how to use their firearms, and impact weapons. "Basically, anything that's physical that a law enforcement officer would do," Camerson said.
He was once asked to give opinions about an agency policy in Michigan, but the judge denied his expert testimony because the judge ruled the policy spoke for itself. He's never, otherwise, been denied as an expert witness in use of force.
Cameron said he is familiar with MPD's policy and procedures. He has reviewed them. Cameron said that Stengel asked him to review Haley's training, body-camera footage, read statements, listen to audio of statements, and formulate opinions as to whether or not Haley's actions were in accordance with the policy and procedures of MPD and if Haley's actions were in accordance with providing care as he's required.
He said he's read Haley's training file and watched the pepper-spray training exercise that Haley went through. This is the "Bad Bob" exercise where a police trainee is sprayed with pepper spray, asked questions, and then told to fight and handcuff a dummy.
Stengel then played the video of Haley going through the "Bad Bob" exercise. Cameron pointed out that, in the exercise, he was able to cover and close his eyes and that he had somebody telling him what to do. This is very different from what can happen at a scene, Cameron said.
In forming his opinion of Haley's actions, Cameron said he reviewed state discovery, body-camera footage, statements, Haley's training records, the POST standards, and other documents, including the MPD use-of-force policy. He also reviewed sworn testimony of former MPD officers Preston Hemphill and Emmitt Martin. Hemphill was fired, and Martin has accepted a plea deal in the case. Hemphill was not charged with any crimes.
Stengel then gave Cameron a copy of the MPD use-of-force policy.
Cameron said the traffic stop of Nichols was a high-risk stop because Nichols failed to yield to blue lights, was speeding, changed lanes without signaling, and ran a red light. "He didn't stop, and all of a sudden he stopped, and that's unusual when you're in a pursuit of someone, and that's a red flag. Why did the person all of a sudden decide to stop as opposed to continue to run?" Cameron said.
When making such a stop, Cameron said an officer's primary objective is to control the suspect, handcuff the suspect, and take that person into custody.
Stengel then played Hemphill's body-worn camera footage from the original traffic stop showing Nichols being pulled out of his car. Haley was one of the officers at this original traffic stop and was pepper-sprayed in the eyes during the incident. Stengel paused the video after Nichols ran away.
Cameron described Haley's conduct in the footage and his use of force as proper with MPD's policy. "He was using verbal judo. He used harsh language, which isn't prohibited. Usually when you're dealing with someone who is a harsh individual, you kind of emphasize things by using profanity. He used hands-on, or soft-hand techniques, pulled him out of the vehicle, placed him in the A-frame of the vehicle, which is trained to do by the MPD, and attempted to use control techniques to attempt to handcuff and search Mr. Nichols. But Mr. Nichols turned on him. At that point, they took him to the ground. They were still using control techniques to get him handcuffed. Mr. Nichols was not going for being handcuffed. Sometimes in the process, Haley used his pepper spray. It appeared to have no effect on Nichols, but it got in Haley's eyes. Nichols refused to get on his stomach. He said, 'I'm on my stomach,' but he wasn't doing it. He then took off and ran," Cameron said.
Cameron said Haley's use of soft hands was proper because neither Nichols nor the car had been searched. Cameron said that Martin said, "Let go my gun." "At that point, all bets are off. You take him to the ground as quickly as you can and try to control him as best you can," Cameron said.
Cameron recounted Hemphill's testimony that he heard Martin reference a gun and that Martin testified that he said, "Let go my gun."
Cameron talked about "verbal judo" and described it as a verbal escalation in order to get a suspect to cooperate. "Mr. Nichols wasn't getting out of the car. When Officer Haley reached in to get Mr. Nichols out of the car, he pulled away from him. At that point, you can go hands-on," Cameron said. "That's all trained techniques and all appropriate."
Cameron said the pepper spray was also appropriate because spray goes before hard or soft-hand techniques. "The object is to get them controlled and handcuffed. Obviously, the pepper spray didn't work on Mr. Nichols in this case but it did work on the other officers," Cameron said.
Cameron said that officers gave Nichols commands while on the ground. He said that, despite saying he was on his stomach, Nichols was on his side. "He hadn't been searched. He could access a weapon along or in front of his waistband. He has the ability to use his hands to strike at the officers. So, the officers were telling him to do something, and he was saying he was doing it, but he wasn't. So, he wasn't following the commands," Cameron said.
All three officers were giving commands at the same time. Cameron said that's not ideal. "You'd like one officer to give commands. But that's in a different circumstance... In this situation where you have a fighting, resisting suspect, you wouldn't want other officers giving commands, but in this case, all three officers were saying the exact same thing," Cameron said. "If different officers were giving different commands, it could confuse a suspect, but in this case, all the officers were giving almost the exact same commands."
Cameron said that Haley's actions at the original traffic stop were consistent with his training and MPD policy.
Stengel continued playing Hemphill's body-camera footage showing Haley attempting to recover from being pepper sprayed. Stengel paused the video eight minutes later.
During that portion of the video, Cameron said it was significant that Haley was struggling with the effects of pepper spray. "It's basically debilitating him," he said.
"At one point, he puts his vest back on and responds because he hears a call coming over the radio at Bear Creek and Castlegate that is something to the effect that the suspect is still fighting and we need more officers. That's one of the first things you're trained on. If an officer calls for help or more units, if at all possible, you respond as quickly as you can," Cameron said. He said that was good, trained, policing.
Cameron said when he arrived at that second scene, Haley knew about the interaction officers had with Nichols at the original traffic stop, that he was resisting, didn't want to be handcuffed, ran off, hadn't been searched, and that pepper spray apparently didn't have any effect on him.
Regarding Martin's statement, "Let go my gun," Cameron said the incident then became a "deadly force situation." "It changes all bets. It's not routine. It's not going by the use-of-force policy. It immediately jumps to a deadly-force situation," Cameron said.
Stengel asked if Haley ever used deadly force. Cameron said Haley never did.
Stengel then gave Cameron a picture of a single handcuff on Nichols. Stengel called the handcuff a deadly weapon. That handcuff was put on Nichols' left wrist "about a minute before Haley arrived," Cameron said. He clarified it was before Haley's arrival at the scene.
Stengel asked if the existence of the handcuff on Nichols' wrist had any impact on Cameron's opinion of Haley's conduct. "Certainly, Mr. Nichols continued to resist. Officer Haley can see that when he arrives at the scene, one wrist is handcuffed and the other hand is not. At that point, Mr. Nichols has his arm tucked under his body. It could be that he's resisting being handcuffed, but it's also consistent with somebody reaching for the waistband. Mr. Nichols had not been searched at that time... Could he not want to get handcuffed, or could he want to access a weapon? That's what an officer has to think," Cameron said.
Stengel then played a portion of the SkyCop video. Cameron has reviewed the video and saw Haley arrive. "He arrives at the scene. He can see that Mr. Nichols is not controlled. There's a handcuff on one wrist. The arm is tucked under the body. Officer Haley comes up and makes a quick assessment of what's occurring. He takes the time to look to see where he's going to apply the kick, and he applies the kick to the upper, muscled arm area, which he's trained to do," Cameron said. "He takes the time to aim and kick the area that he wants to kick, and that's associated with the training he received at the MPD."
Cameron said this is a trained and authorized procedure. He said that Haley only kicked Nichols once, the first of two shown during that portion of the video.
After the kick, Cameron said Nichols was handcuffed "almost immediately."
Stengel then replayed the kick before playing more video. In the second video, Cameron said Haley followed his training, policy, and procedures from MPD when he called for medical aid. "Given the brief information that he had that the individual had been pepper sprayed and tasered," Cameron said.
Saturday, May 3, 10:07 a.m. - Day Six begins
The jury entered the courtroom at 10:05 a.m. Shelby County District Attorney Steve Mulroy is in the courtroom.
Saturday, May 3, 8:33 a.m. - Half-day of court on Saturday
The trial is expected to resume at 10 a.m. CST on Saturday. Court will be in session for a half-day. At the very end of Day Five, John Keith Perry, defense attorney for former officer Tadarrius Bean, told Judge Jones that he was done presenting Bean's case. That means Perry has called his final witness, though he can still question witnesses called by attorneys for the two other former officers.
Defense witnesses on Day Five included, along with character witnesses, expert witnesses in the fields of DNA, police training, and use-of-force.
Notably, a use-of-force expert with more than 50 years of experience in law enforcement testified that Nichols continued resisting even after being kicked in the head and that he does not believe former officer Justin Smith could've seen his fellow officers, Emmitt Martin and Demetrius Haley, kick Nichols.
A lot of the defense arguments center around the fact that all of the officers had been pepper-sprayed, hindering their vision, and that only one handcuff was placed on Nichols, meaning that Nichols could have used that single, cuffed hand as a deadly weapon.
Friday, May 2, 5:08 p.m. - Tadarrius Bean's defense is done
John Keith Perry, defense attorney for former officer Tadarrius Bean, informed the judge, after the jury was excused, that his is done with Bean's presentation.
Friday, May 2, 5:05 p.m. - Jury excused for the day
The jury was excused at 5:05 p.m. The trial will resume at 9 a.m. CST on Saturday.
Friday, May 2, 5:04 p.m. - Redirect of Justin Smith character witness
Martin Zummach, attorney for Justin Smith, asked if, even after seeing the video, Justin Smith is incapable of harming a suspect. Tate said he is.
Friday, May 2, 5:02 p.m. - Prosecution cross-examines Justin Smith character witness
Lead prosecutor Paul Hagerman took issue with MPD Officer Curtis Tate's use of the word "incapable." "I'm saying Justin Smith is (incapable of doing bad things), the Justin Smith that I know of," Tate said.
Tate agreed that not intervening when excessive force is used is bad. Tate agreed that it's bad not to tell medial personnel that a man has head wounds.
Tate agreed that sometimes "good people can let us down."
Friday, May 2, 4:59 p.m. - Character witness for Justin Smith called to testify
Martin Zummach, defense attorney for Justin Smith, called Curtis Tate to the stand. Tate works for the City of Memphis Police Department as a police officer and has been employed with MPD for more than six years.
Tate said that he's known Justin Smith for five years. The two previously worked together. Tate said, "My opinion of Justin Smith is he's an honorable, honest guy. He's a loving father and husband. He's professional, kind, gentle. He's courageous. He's incapable of hurting a victim, any victim, or any citizen. If he knew that a citizen was being treated unfairly, he would stop and intervene and confront that officer. The Justin Smith I know is, if your mom or daughter was broken down on the side of the road, you'd want him to drive by because he'd stop and help...That's the Justin Smith that I know."
Tate said that Smith's reputation within the police department as a person who is honest, courageous, fair working and fair person. "He's incapable of being untruthful," Tate said.
Friday, May 2, 4:54 p.m. - Redirect of law enforcement and use-of-force expert
John Keith Perry, defense attorney for Justin Smith, resumed questioning use-of-force expert John Tisdale.
Perry asked, if an officer has been blinded by pepper spray and is trying to apprehend a resisting suspect, should that officer say "stop" if they have not seen an officer strike the suspect? Tisdale said it's not likely that the officer's focus would be on the "attention at hand."
Perry handed Tisdale a police department policy and procedure manual. It's MPD's policy and procedure. Tisdale read the duty to intervene policy. "Any member who directly observes another member who is involved in dangerous behavior or abuse of a subject has a duty to intervene," it said.
Tisdale said that, given that definition, Bean's actions were reasonable, and it would not have been reasonable for Bean to stop what he was doing. Tisdale said it actually would have increased the danger had Bean stopped his actions.
Friday, May 2, 4:20 p.m. - Prosecution's cross-examination of law enforcement veteran and use-of-force expert
The prosecution asked use-of-force expert and decades-old law enforcement veteran John Tisdale about his career in law enforcement.
Prosecutor Tanisha Johnson asked Tisdale about his testimony that every action Bean took was reasonable. "But you would agree that everything that happened out at that scene wasn't reasonable?" Johnson asked. Tisdale said that he did not question people or look at evidence not related to Bean.
"I have some questions, but I haven't investigated those areas because they did not involve Mr. Bean," Tisdale said.
Tisdale said that some conduct at the scene was inappropriate. That conduct, in particular, was the punches and kicks to Nichols' head. Johnson asked if it was excessive. Justin Smith's attorney, Martin Zummach, objected to asking Tisdale about some prior testimony.
Johnson asked if a kick to the head of someone on the ground would be excessive. Tisdale said, "Under most circumstances. It would have to be something really crazy to have it happen."
Johnson asked about Tisdale's testimony that it would not be reasonable to let go of Nichols' free hand after being cuffed. "The cuff, if it's not closed, it's like a razor almost." "But if Mr. Bean was not holding that cuff, then he could release his hand to intervene?" asked Johnson. Tisdale said no. Tisdale did say that there were more ways to intervene, such as verbal commands to "stop."
"You didn't hear Mr. Bean do either of those things, did you?" asked Johnson. "No, ma'am," responded Tisdale.
Johnson questioned Tisdale about an officer who does not have an obligation to give information to EMTs at a scene. Tisdale said that he reviewed MPD policy prior to the case. Johnson asked if an officer should tell EMTs about use-of-force if the policy requires. Tisdale said possibly. He's also familiar with the fact that MPD policy only teaches two types of kicks. Neither of those kicks are kicks to the head. "Would you agree that any type of kicks to the head could be deadly force?" asked Johnson. "Could be," Tisdale responded.
Friday, May 2, 3:25 p.m. - Tadarrius Bean's defense calls law enforcement veteran and use-of-force expert
John Tisdale, a law enforcement veteran of 36 or 37 years, took the stand. During that time, he was a police chief for nine years in a Tennessee city. He retired from that position. He taught at the University of Mississippi, worked for the POST Commission, which is responsible for certifying and decertifying officers, has presented around the country, and has taught online courses. He's also instructed people in martial arts and has testified in various courts as an expert witness.
He's reviewed the MPD policy. He was accepted as an expert in use of force.
Tisdale told Tadarrius Bean's defense attorney, John Keith Perry, that he always reviews the facts of a case before accepting the case. Tisdale sent Perry videos and statements, and after reviewing those, Tisdale agreed to continue reviewing the activities and behavior of Tadarrius Bean. Tisdale said there are some components in the situation that he does not care for. He did, however, meet Bean and review the documents with Bean. They went through the videos, talked about the videos, and addressed an allegation that Bean struck Nichols. "We slowed it down and took a look at it to see exactly how it was done because under the policy from Memphis you have an open-handed process and a closed-handed process, and we wanted to see which it was," Tisdale said.
Perry asked about the use-of-force policy. Tisdale said it starts with an officer's presence, then verbal commands, then open hands, closed hands, and, finally, lethal force. In between the closed-hands policy and lethal policy, there's the use of batons and pepper spray. Tisdale said he has not been around for all of the testimony in this, but he has been around people where pepper spray is deployed and that he has been pepper sprayed. "Ain't nothing fun about it," Tisdale said. "It can be painful. It can interfere with your eyesight and your thought pattern. Makes you feel like you're losing your breath and stuff. It's not fun."
Perry asked if an arrest could be more difficult if an officer had been pepper sprayed at night and was dealing with a resisting suspect. Tisdale said an officer's field of vision could be limited if an officer had pepper spray in their eyes in that environment.
Tisdale said that an officer's attention would be on a suspect's hands. "Once you get them on one, you don't want to let go of that because that other cuff can be used as a weapon. It can cut you up," Tisdale said.
Tisdale said that a scene is not secure until handcuffs are on a suspect and that the danger and stress of a situation increase if an officer doesn't know whether or not a suspect is armed.
Perry asked Tisdale if he's reviewed Bean's body-worn camera. Tisdale said yes, he has, though Bean's video is a bit limited because it came off during the altercation.
Perry played Bean's body-worn camera footage. Perry paused the video after about 90 seconds. It showed Bean struggling with Nichols on the ground. Perry asked if Tisdale recalled seeing Nichols walk up the street. He did. "Do you have any criticisms of the actions up to that point of Mr. Bean?" Perry asked. Tisdale said no; the officers were looking for that suspect. Perry asked about the original traffic stop and if Bean was aware of that. "No, sir. All they knew was that they were in pursuit of a guy who had been sprayed and escaped and all that, and they were running," Tisdale said.
"If Tadarrius Bean says, 'Hey,' and the suspect turns and turns, can you tell this court what Tadarrius Bean's role would have been as a police officer?" Perry asked. Tisdale said that Bean should chase the suspect. If Bean did not jump out of the car, Tisdale said he would have fired Bean with "not many" questions. "You have a responsibility to assist," Tisdale said, saying that Bean had no other options at that point.
Perry then played the body-worn camera footage of Desmond Mills, the former officer who was driving with Tadarrius Bean that night. Mills has accepted a plea deal in the case. Perry stopped the video after pepper spray was used. He then replayed the video at half speed.
Perry asked Tisdale if he saw Bean's hands land on Nichols. Tisdale said the hands landed on Nichols' forearms in an open-handed technique. "That's not a punch," Tisdale said, saying that Bean's hands did not hit Nichols in the head.
Regarding the language used at the scene, Tisdale said you're going to "usually hear some bad language" at a scene like that. "I don't really like that. But it's pretty normal...Whatever it takes to get his attention. That's what you're trying to do at that point," Tisdale said.
Perry continued playing Mills' body-worn camera footage. At one point, Emmitt Martin comes into frame and kicks Nichols. "Could you ever determine definitively if those kicks landed or the degree to which they landed?" Perry asked. Tisdale said he couldn't tell definitively. At the time of the kicks, Tisdale said that Bean was still struggling with Nichols' hands and that Bean had pepper spray in his eyes at the time.
Perry asked Tisdale about an officer's duty to intervene and if Bean's actions were reasonable. "If that particular case, he could not turn loose of that cuff because that creates a weapon that can hurt other people. You're also talking about a three-minute affair... Plus, it's questionable to me if he ever saw the kicks and the hits because when he talked to me, he said he had not," Tisdale said.
Judge Jones ruled that the jury has not heard testimony from Bean. So, Judge Jones told the jury to strike the records that made reference to Bean from their notes. He was talking about Tisdale's comments about his conversations with Bean.
Perry asked Tisdale if an officer has an opportunity to "jump up and say something to another person about what their actions are about to be" after being pepper-sprayed. Perry asked if it was reasonable to let a suspect go if you think a fellow officer has kicked the suspect. Tisdale said no. Perry asked if Bean's actions were reasonable. Tisdale said they were.
Perry asked Tisdale that, after a suspect has been in an altercation with officers, does an officer have a duty to provide medical treatment? Tisdale said an officer has a duty to notify medical if they believe the suspect to have been injured. Once EMTs arrived, they became the highest standard of healthcare, Tisdale said. Tisdale said he never saw Bean do anything to obstruct treatment to Nichols.
"If during the course of EMTs being on the scene, and once a paramedic arrives, a paramedic or EMT asks an officer who has handcuffs on a suspect to remove said handcuffs, what would you expect that officer to do?" Perry asked. Tisdale said he'd expect the officer to remove the handcuffs, if reasonable, and he believes the officers did remove Nichols' handcuffs.
Perry played a portion of body-worn camera footage from after paramedics arrived at the scene. The footage shows Nichols' handcuffs being removed as he is propped up against a patrol car. Perry argued that it was Bean removing those handcuffs, and Tisdale said that it seemed reasonable.
Tisdale said that he'd expect an officer to answer questions of EMTs, but if no questions were asked of the officer, Tisdale would expect an officer to stay out of the way, "not cause any confusion, and support."
Perry asked if those medical providers were observing a suspect; does Tisdale know of a duty to start giving a "play-by-play" of the incident? Tisdale said no, he does not. Tisdale said he does not know of any MPD policy requiring officers to tell paramedics what happened or to show body-worn camera footage. Tisdale said it could even be obstruction on an officer's part depending on what all was going on at the scene.
Perry again brought up the "Bad Bob" exercise, where an officer is pepper-sprayed, questioned, and then told to fight and handcuff a suspect. Tisdale said he expects an officer to take other approaches to apprehend a suspect, but it depends on what the suspect is doing. Tisdale said officers rely on what they were trained on in the academy to know what is right and wrong. He would not expect an officer to deviate from the training. "You'd expect the officers, normally, to adhere to your training, especially if you're under stress and not thinking clearly," Tisdale said.
Tisdale said he has no criticisms of Bean's apprehension of Bean, including Bean tackling Nichols. Tisdale said that is difficult to handcuff a suspect who does not want to be handcuffed. "No, sir. That was not less than reasonable. You do hear on the tape, repeatedly, the officers say, 'Give me your hands,' and he's clearly ignoring that."
Tisdale said that he does have a complaint about the kick to Nichols' head. Though MPD policy allows kicks in some circumstances, Tisdale would not want a kick there. But, after the kick, Tisdale said it would be reasonable for Bean to continue getting Nichols "under control."
Perry asked Tisdale about an officer "staying in the fight." He mentioned that Mills stepped away from the altercation after being pepper-sprayed. Perry asked if Nichols tried to get up off the ground. Tisdale said he did. "Is it more difficult to arrest a person who is standing up or a person who is on the ground?" asked Perry. Tisdale said it's more difficult if a suspect is standing.
Tisdale said he saw Bean try to take Nichols to the ground after it appeared Nichols tried to stand up. He saw Bean's hands on Nichols' hands after the handcuff was on. Even after Nichols was hit three times in the face, Tisdale said it would have been dangerous to "turn him loose."
Tisdale said that Bean was not at the original stop. "All of that is totally reasonable. There is absolutely nothing that I've seen that shows Bean hitting or kicking the suspect. Now, there are others doing that, and that's problematic to me, but nothing that shows Mr. Smith or Mr. Bean doing anything like that," Tisdale said.
Friday, May 2, 3:18 p.m. - Redirect of law enforcement expert by Justin Smith's attorney
Justin Smith's attorney, Martin Zummach then redirected law enforcement expert Jared Zwickey. Zummach pointed out that Zwickey testified that he has not been paid to be in court all week and that he has done work on the case for which he was not paid.
Zummach asked Zwickey to explain to the jury why he has not been paid. "Because I haven't asked to be paid. Because my testimony to educate the jury on what I believe is the truth about this case is more important than money in my pocket," Zwickey said.
Zummach asked if Zwickey has ever refused to work for people. Zwickey said his standard to refuse to work as an expert is if an attorney asks him to lie or give testimony that the attorney wants him to give. "I can only testify as to what the truth is...and if I believe that the officer has done something wrong, most recently in Texas where I think the individual has committed a crime, I would not go on the stand because I would testify to that," Zwickey said.
Zwickey recalled the testimony of Desmond Mills in regards to the "iron wrist lock" technique. He said that Mills testified that it was taught in the MPD Academy. Regarding the video and the kicks to Nichols, Zwickey said that pepper spray had been deployed by that time.
Friday, May 2, 2:38 p.m. - Prosecution cross-examines law enforcement expert
The prosecution asked if law enforcement expert Jared Zwickey was testifying as a friend of the court. He said no; he was testifying on behalf of Justin Smith. He is being paid by Smith's legal defense. He also testified for the defense at the federal trial. Zwickey testified that he's being paid for traveling from multiple states and testifying.
He said that he reviewed all of the discovery from the state and federal trials, along with all of the video evidence.
Zwickey testified that, on the side, he is a professional consultant, phrased by the Prosecutor Melanie Headley as a "professional witness." Zwickey said the last time he was a professional officer was 2011. He has never worked in the state of Tennessee or for the Memphis Police Department.
The prosecution then played body-worn camera footage from former MPD officer Preston Hemphill. This was video from the original traffic stop where Nichols was pulled from his car, pepper sprayed, and shot at with a taser.
Zwickey characterized the traffic stop as "chaotic." He agreed that there were at least three officers on the scene. Those officers were Hemphill, Martin, and Demetrius Haley. They encountered Tyre Nichols. All of the officers are giving commands to Nichols at the same time.
"Is there any way possible for Tyre to follow all of the commands given at once?" the prosecutor asked.
Zwickey said he didn't know and that it is not the best policy. It does happen in chaotic situations though, Zwickey said. "It's better to have one person do it, but things change as other officers get involved, and they do get involved," Zwickey said.
Prosecutor Melanie Headley then said that Smith said he was holding Nichols down. "At the time that the kick is made, it's hard to tell whose hands are on whom. So, I couldn't tell you if it was Officer Bean or Officer Smith doing that," Headley said.
Headley asked if Zwickey heard Smith say, "Hit him." Zwickey testified that he didn't know whose voice it was.
Headley asked Zwickey if officers have a duty to intervene if they see excessive force. "Legally they do," Zwickey said. Zummach asked to approach the bench after Headley asked a question of Zwickey regarding Smith's duty to intervene.
Judge Jones ordered that the previous questions and responses be strike from the record, as their has been no testimony so far as to what Smith said.
Headley asked Zwickey if Justin Smith deployed pepper spray. Zwickey said that he took it out and had it in his hand, but the didn't see if there was any discharge. Zwickey couldn't remember exactly where in the video he saw Smith take out his pepper spray, but noted that it would've been prior to Desmond Mills striking Nichols with his baton.
Headley asked again about officer's duty to intervene. "You would agree with me that officers have a basic level of medical training?" Headley asked. Zwickey said an officer would have a "pretty basic" level of training and that they have a duty to provide that care to someone needing it.
Headley asked about the animated video Zummach played. Zwickey said that he helped in the making of the video and that somebody else paid to have it made. He did not know who exactly paid for it.
"We're only seeing Justin Smith and Tyre Nichols, right?" Headley asked. "It's individualized... What we were trying to do is show what Justin Smith was doing," Zwickey said. Zwickey said that Bean, Martin, and Mills were all at the scene as well, actively participating.
Zwickey then testified about the "iron wrist lock" technique, where an officer applies a handcuff and then applies pressure to a suspect. Zwickey said that "iron wrist lock" is a Memphis Police term. He said he believes he reviewed it in an officer's federal court testimony. "I don't train that, but they do," Zwickey said. "I don't use that technique. I use other techniques."
Headley asked how Zwickey knows that Smith was employing that tactic. He said that he knows what it looks like; he could demonstrate it. He then explained the process. He said he would expect a verbal reaction from a suspect after that technique. Headley asked about hearing Nichols screaming and moaning. "I think what I saw on the video was not at that particular time," Zwickey said. Headley asked if Zwickey is a doctor. He is not.
Earlier, Zwickey testified that if Nichols didn't respond to that testimony, he may bepsychotic. Zwickey said yes, based on his experience, if somebody doesn't feel pain administered by a handcuff or a baton, it would either be somebody who is high on drugs or somebody who has mental problems. "Not that I'm making a diagnosis, but I'd speculate that is what might be occurring," Zwickey said.
Headley then addressed the animated video. In it, the Smith avatar is shown with a handcuff on the left wrist of the Nichols avatar. Zwickey said that Smith would not be able to let go of it because "it's a dangerous weapon."
"So, he should hold on to that even if his partner is beating a guy to death?" Headley asked. "He should still hold on to that left wrist?" Zwickey replied that if he could see that his fellow officer is beating him to death, he has a duty to intervene.
Headley then pulled up the SkyCop video. It showed the "soccer kick" from Martin to Nichols' head. Zwickey agreed that it is excessive force and that, if an officer saw it, that officer had a duty to intervene. Headley continued playing the video, showing the second kick from Martin to Nichols' head. Zwickey agreed that if the second kick was excessive force and that if an officer saw it, that officer would have a duty to report.
The video then shows Martin punch Nichols in the head. Zwickey said he can't tell where the punch landed, but that it was excessive force. If an officer saw it, that would require a duty to intervene, Zwickey said. Martin can then be seen hitting Nichols again. Again, Zwickey said it was excessive force, and any officer who saw it would have had a duty to intervene. The video then shows Nichols being punched again. Again, Zwickey said it was excessive, and the officers would have had a duty to intervene if they saw it. This question-and-answer process occurred with two more punches.
Headley then played the SkyCop video synced up with audio from Tadarrius Bean's body-worn camera. Headley paused the video right after Martin kicked Nichols in the head. She asked if Zwickey described Nichols actions after that kick as "actively resisting." Zwickey said, "Absolutely, he's not putting his hands behind." Headley asked if Nichols was trying to survive. "At that point, he's still resisting. He's not complying with the officers," Zwickey said.
Headley played the video throughout the kicks to the head. Zwickey said that Nichols was still "actively resisting" at that point. Headley then played Nichols being punched in the face and his body moving as he's being held. Headley asked if Nichols was still actively resisting. Zwickey said he was.
Headley continued playing the video. An officer can be seen running on the scene. Headley asked if he heard an officer say, "Beat that man's (expletive)." Zwickey said that he did not hear that. Headley replayed the video. Zwickey heard it on the second time. The video showed Haley kick Nichols. Zwickey said the kick was excessive and anyone who saw it would have had a duty to intervene. Zwickey testified the same upon seeing Martin's kick.
Friday, May 2, 2:13 p.m. - Law enforcement expert continues testimony for Justin Smith's attorney
Jared Zwickey, expert witness on many things related to law enforcement, resumed his testimony for Justin Smith's defense attorney Martin Zummach.
Zummach played an animation created by Zwickey showing an officer interacting with a suspect on the ground. The animation showed an officer standing over the suspect. Zwickey said, "Tyre Nichols's body position, lying on the ground with his leg tucked, is significant because what he's doing is changing his body position, I believe, to set up to get up off the ground," Zwickey said.
"The problem with only two hands on the handcuff. One would think you can easily control a person by holding onto the handcuffs, but the rest of the body is free to do what it wants to do," Zwickey said. "It's very (from my perspective) to see what he's doing. Tyre Nichols is actually starting to come up off the ground."
Zummach asked Zwickey about an "iron wrist lock" or using a handcuff to perform pain compliance. Zwickey said that's what Smith was trying to do. It's an "extremely painful" tactic. Zummach asked Zwickey if, in applying a pain compliance maneuver, an officer can sense if it's having an effect on the suspect.
"You would expect to have some kind of response from him like 'Ow, it hurts,' or some kind of grunting fashion or yelling out, 'Help. It hurts," or some kind of feedback to tell you it's working," Zwickey said.
Zwickey said that if such a maneuver didn't work, it'd imply that a suspect was on drugs or mentally unstable. In the SkyCop video, Zwickey pointed out Nichols' right arm resting on the pavement with his hand flat on the pavement.
Based on the animation, constructed from the SkyCop video, Zwickey said it seemed apparent that Smith was trying to put Nichols back onto his stomach so that he could apply a handcuff.
Zwickey then pointed out, in the animation, a point where Nichols's hand was on the ground. Zwickey said that Nichols was pushing himself up on his own and that Smith was trying to push Nichols down to prevent that.
The animation then showed an officer holding onto a suspect who is leaning away from him. Zwickey said this shows Smith trying to restrain Nichols from going forward.
The animation then showed a suspect with a free right arm and an officer holding the other arm. "It also illustrates, you look at Mr. Nichols foot motion, that he is in motion. In the previous scenes, if you were to look at the officers' feet, they're all in motion. There's no indication in my mind, looking at those frames, that Mr. Nichols was standing in one position and standing motionless so that he could be hit," Zwickey said. "There was no opportunity for stop and pause and holding somebody in a fixed position so they could be hit."
Zwickey said that Smith was right to not let go of the one handcuff on Nichols' hand. "It is a dangerous weapon. If you get him, an officer could get seriously injured or even killed by a loose handcuff... Hold onto it for dear life," Zwickey said.
Zwickey then testified that Smith couldn't get Nichols' free hand behind his back for handcuffing. "If I don't want you to put my arm behind my back, you're not going to do it," Zwickey said.
Zwickey talked about tunnel vision. "If you're focused on one individual you're trying to get handcuffs on who has not been searched and you have chemical agents in your face and you're trying to get a suspect into custody who has not been searched, there's no way you're going to see what someone else is doing because you're so focused on it," Zwickey said. Zwickey brought up the fact that Mills did not remember hearing certain things at the scene but then heard them when listening to audio of the incident.
"Suddenly, what happens in a critical situation, the focus then narrows. Scientists have told us that it gets down to about two degrees. Two degrees is about like this. I couldn't tell you what the judge is doing right now because my vision is in black," Zwickey said. He added that pepper spray to the eyes would make tunnel vision worse.
Zwickey said he does not believe that Smith had any vision of what was going on around him.
Friday, May 2, 12:30 p.m. - Lunch break
The jury was excused for lunch at 12:27 p.m. Court is expected to resume at 2 p.m. CST. When it does, law enforcement expert witness Jared Zwickey is expected to continue his testimony for Justin Smith's defense attorney Martin Zummach.
Friday, May 2, 10:56 a.m. - Justin Smith's attorney calls use-of-force expert
Martin Zummach, defense attorney for former officer Justin Smith, called Jared Zwickey to the stand. Zwickey is 81 and served 38 years in law enforcement. He served as a chief of police in two organizations. He has trained the FBI, Secret Service, and members of the Los Angeles Police Department. He's trained officers in areas of deadly force and defensive tactics. Zwickey has three black belts.
Zwickey is an expert in defensive tactics and the level of force that officers should render in situations. Zwickey has helped courts determine what level of force an officer should use in either a passive or active resistance.
Zwickey also served on California's POST Commission. This commission oversees officers' certifications. When officers lose their ability to work in law enforcement in a state, it's because the POST Commission of that state has decertified them.
Zwickey spoke about "human factors," meaning what an officer sees, feels, hears, and the environmental factors in play in any given situation, meaning what the lighting was like and what type of incident it was.
Zwickey provides training in the use of batons and emotional control to FBI trainees. Zwickey is paid for his expert testimony. He is an expert witness on the use of force and police training.
Zummach questioned Zwickey about the failings in today's SkyCop cameras. Zwickey said the "frame rate" causes some things to be missed. When the process is digitized, Zwickey said the footage is not immediately recorded. By the time it's produced, Zwickey said, the frame rate is cut in about half. MPD body camera footage is about 30 frames per second, about twice as precise as SkyCop cameras. It's above the national standard, Zwickey said. Zwickey said focus and distance are a drawback of pole cameras. "You get a darker, grainy type of picture," Zwickey said.
The body-worn camera is much better, Zwickey said. However, according to Zwickey, one drawback of MPD's body-worn cameras is that the camera is normally kept on the chest. "We make an assumption, sometimes falsely, that the officer is looking where (the camera) is," Zwickey said. "It doesn't help the officer feel a suspect's hand. You won't see if there's any tension in the officer when he grabs a suspect's hand. You'll see the hand and the officer holding that hand, but you'll never feel the resistance the officer felt when holding that hand," Zwickey said. Zwickey said that the movement on body-worn cameras is also an issue and that if somebody moves faster than a third of a second, you won't see it on the body-worn camera.
Zummach recounted testimony from former officer Desmond Mills, who accepted a plea deal in the case, that he hit Nichols in the arms and hands.
Zwickey said that he has software that allows him to slow footage down to .30 of a second. "They never made contact in the face or head?" Zummach asked. Zwickey said yes. Zwickey said that hitting somebody in the hands could be a defensive tactic. Zwickey said some movements could also be "distractive" slaps. Sometimes, when doing a distractive slap, a suspect will bring their hands up to protect their face. Zwickey said he believes Bean and Smith were using "distractive slaps" when confronting Nichols.
Zwickey said that he has reviewed all the training that Smith received at the police academy.
Zummach then played video of Smith going through the "Bad Bob" exercise at the police academy. This is an exercise where a police trainee is sprayed with pepper spray, asked a series of questions, and then told to fight and handcuff a dummy. Before being sprayed, the trainee blocks one eye with his hand and closes the other.
Smith had trouble going through this exercise, being told "open your eyes," "get yourself together," and "compose yourself" multiple times. Smith eventually answers questions correctly and fights the dummy, hitting the dummy with elbows and open hands. Smith repeatedly tells the dummy, "Stop fighting" and "Give me your hands, sir." He then handcuffs the dummy.
Zwickey said that the shot of pepper spray left Smith "out of control amongst friendly people." Zwickey said, at the scene of the Tyre Nichols beating, Smith would have been more affected by the pepper spray. "I believe, if I'm not mistaken, he had at least three exposures to the face during the struggle with Mr. Nichols," Zwickey said.
Zwickey said he's familiar with all the actions between Smith and Nichols. Smith was sprayed at least three times, and Nichols was never searched during the process, Zwickey said. "Until a suspect is handcuffed and searched for weapons, is a scene secure?" Zummach asked. Zwickey said no. Zwickey said that Smith wears glasses.
Zummach then introduced into evidence the MPD use-of-force policy.
Zwickey said he has watched all of the pole cam and body-worn camera videos. One included a body-worn camera from Chris Wilson. In Wilson's body-worn camera video, Smith is heard telling another officer to send paramedics to their location. Haley can be seen in the video, though Zwickey originally identified him as Emmitt Martin. Robert Long can also be seen. He testified earlier in the trial. He was an EMT who responded to the scene. Zwickey then identifies Tadarrius Bean.
Zwickey testified that he's been to more than 100 fatal police scenes. Zummach asked Zwickey if the officer's "weird kind of vide" is something he'd expect to find at the end of a critical incident. Zwickey said it is and that it is a typical release of tension.
Zwickey testified that he sees Smith in the video and recognizes Smith's voice. Zwickey said that he heard Smith ask a question, though he couldn't make out what that question was.
Zwickey identified Lt. Smith (not defendant Justin Smith) in the video and then identified Nichols in the video. Nichol was sitting up beside Smith's patrol car.
Zwickey then saw Nichols fall over to his right. The medical providers did not attempt to catch Nichols, Zummach argued. Zummach then asked Zwickey about the "recovery position" for a suspect. That position is someone sitting upright against a car. At this point in the video, Nichols is lying on the ground. Nichols' head can be seen lying on the ground.
Zwickey again said that he reviewed all body-worn camera footage in the investigation, including Emmitt Martin's camera from the original traffic stop. Zummach then played that video.
In the video, Martin's lights can be seen playing for over about 30 seconds.
Zummach then played the SkyCop video. Zwickey said he's reviewed this footage between 50 and 100 times. He's identified moments in the footage he believes are significant.
At one point, light can be seen reflecting off a mailbox. Zwickey said he believes those lights came from a vehicle at 8:33 p.m. This would have been during the confrontation, but before the SkyCop camera panned over to record the incident. Zwickey told the jury that the camera was mounted on a pole and that the camera can move. Zummach asked who moved the camera. Zwickey said it would be somebody back in the control center, not anyone at the scene.
The camera then panned over to capture the scene. In the first shot, Zwickey said he noticed where the cars were parked and that three officers were standing. He identified Mills standing near Smith's patrol car. Zummach pointed out that Nichols was on the ground while the officers stood around him. Zwickey identified the officers on the scene as Martin, Mills, Bean, and Smith.
Zwickey had Zummach pause the video. He said at this point, he saw Mills and Martin depart from the scene. Smith and Bean were bent over Nichols. In the video, Smith stood up, put his head in the area, and walked away from Nichols while Bean remained looking at Nichols on the ground. Smith looked at the street signs, went back to Bean, and bent over Nichols "to try and do something to control him," Zwickey said. At this point, Zwickey said Nichols' hands were not secure, and Nichols was on one side of his body. Zwickey said a suspect in this position is significant because it's a position where it could be for an exit or for fighting.
Martin then enters the picture and kicks Nichols. Zwickey said it was a "soccer-type" kick to the upper part of Nichols' body. When that happened, Zwickey said Smith was bent over Nichols and that he was "trying to control Nichols on the ground."
Zwickey then pointed out that Nichols moved from his right side to his back side and then again to his right side. The way Martin was positioned was important, Zwickey said. He said, the way Smith was positioned above Nichols, he would not have seen Martin.
Zwickey then had Zummach pause the SkyCop video. Zwickey said the footage showed "continual movement" by Nichols on the ground and that Nichols was "not passive at that point and continued to resist." He said that Smith was trying to handcuff Nichols and that he, at some point, got one handcuff on Nichols.
At another point in the video, Zwickey said he saw Nichols position his body and start to move his legs. "I saw Officer Smith pull up on the handcuff, he's got one hand on the left wrist, and he's trying to position Tyre Nichols into a forward motion onto the ground and as he was trying to do that, you'll see a struggle where the arm will go back up again. That's Mr. Nichols pushing off in one direction, off Officer Smith. Mr. Nichols managed to get up off the ground in a rather quick manner before Justin Smith could push him onto the ground and move to his left. You can also see the position of Justin Smith's left foot going off to the left side and the other officers follow Mr. Nichols into a counter clockwise position and you'll see Officer Bean grabbing ahold of Mr. Nichols and pulling him backwards as Justin Smith is trying to grab both of his hands and is pulled in a different direction... And then, you can see Officer Martin circle around the patrol car and, almost stalking him because he was initially on the ground and you can tell Officer Martin was circling and trying to get in and do something to Mr. Nichols. But, when he reached around the other side, meaning Martin, Officer Smith was positioned with a left hand while Officer Bean had Mr. Nichols' middle section. That's when Officer Martin struck Mr. Nichols in the head and then Mr. Nichols was directed by Officer Smith and Officer Bean, as Nichols was starting to walk away. And then you'll see Justin Smith bracing his leg on the ground to stop Mr. Nichols," Zwickey said.
Zwickey argued that Smith did not hold Nichols' arms in order to allow Martin to hit him.
Friday, May 2, 10:55 a.m. - Defense redirects forensic consultant Samantha Spencer
Spencer testified that she uses the items she obtains to come to objective evidence rather than subjective evidence.
Friday, May 2, 10:40 a.m. - State cross-examines forensic consultant Samantha Spencer
Lead Prosecutor Paul Hagerman then cross-examined forensic consultant Samantha Spencer.
Hagerman pointed out that there was a "good amount of DNA that is probably blood of Tyre Nichols on Mr. Martin's right boot." Spencer agreed.
Spencer pointed out that blood is very hard to find on a black boot and that the TBI investigator sampled an area of the boot.
"A good amount of Tyre Nichols' blood on Emmitt Martin's right boot," Hagerman said. Spencer agreed.
Hagerman then asked about Demetrius Haley's boot. Spencer agreed that there was an amount of Nichols' DNA on Haley's right boot.
Spencer said the blood could be on Martin's boot because Martin's boot kicked Nichols. Spencer said that blood could also be on Haley's boot because he kicked Nichols.
Hagerman asked Spencer about Haley's kick to Nichols. Hagerman played the SkyCop footage of Haley kicking Nichols. Spencer clarified that she worked at the TBI prior to the Nichols case.
Spencer and the jury watched former officer Emmitt Martin kick Nichols in the head. Spencer said a kick like that could result in Nichols' DNA being on Martin's boot. Spencer and the jury then saw Martin kick Nichols in the head again, the type of kick that could leave DNA on Martin's boot.
The video showed Haley kick Nichols. Hagerman asked if that sort of kick could cause Nichols' DNA to be on Haley's boot. Spencer said it could. Hagerman then played footage of Martin kicking Nichols. Spencer said that kick could leave DNA on Martin's boot.
Hagerman asked if it was more likely that Martin's boot contacted an area of Nichols that had blood. Spencer said yes. Hagerman asked if it was harder to determine the area that Haley kicked Nichols, due to less DNA. Spencer said yes, the transfer of DNA could come from a kick to any portion of the body.
"Even a closer view of the video doesn't really answer that for us," Hagerman said and then played another officer's body-worn camera.
In that video, Haley can be seen kicking Nichols, though it's still unclear where Haley kicked Nichols. The camera then shows Martin kicking Nichols.
"But what we can tell from DNA and from the videos is that Officer Martin kicked Nichols at least three times, and Defendant Haley kicked Nichols while he was on the ground at least one time?" asked Hagerman. Spencer said that was correct.
Friday, May 2, 9:52 a.m. - Defense calls Samantha Spencer, independent forensic consultant
Defense attorney Stephen Leffler, representing Demetrius Haley, called Samantha Spencer to the stand. She's an expert in forensics, including DNA. Spencer worked for the Tennessee Bureau of Investigation as a forensic scientist. She was a special agent forensic scientist with the TBI and examined evidence at the TBI lab.
Spencer left the TBI to work for St. Jude and help those researchers examine DNA analysis. She currently has her own company, which offers education and knowledge to attorneys regarding DNA analysis. Spencer said this is her 48th opportunity to testify regarding forensic biology and DNA testing.
In this case, Spencer is getting paid to testify through a legal defense fund for police officers. Spencer said that she does not have a lab or the equipment and does not touch DNA evidence. But she does look at the process through which DNA evidence was acquired.
Spencer said she looked at the evidence, came up with her own conclusions, and helped attorneys understand what those conclusions meant.
Leffler gave Spencer a copy of the forensic biology report issued by the TBI. Spencer said she reviewed the work of the person who authorized the report. Spencer was recognized as an expert witness in DNA analysis.
Spencer broke forensic biology into five steps. "Overall, it's the process of finding, hopefully, a body fluid and making interruptions based on the DNA that was found on that evidence," Spencer said.
Spencer said she considered evidence to be documentation and data provided by the TBI. "On top of all their data and the reports they issued, sometimes I also get some things like medical examiner reports, videos from body-worn cameras, and documents produced by law enforcement," Spencer said.
Spencer said the first thing she would do in the lab is look for a body fluid. "In forensics, we mostly focus on blood, semen, and saliva because we know they contain a good amount of DNA," Spencer said. Spencer said there are three steps in testing that DNA: screening, or looking at the evidence; presumptive test, indicating that a body fluid is present; and a confirmatory test, confirming the fluid is present. Spencer said this is what the TBI did with the evidence.
Spencer said the results help her confirm whether or not a body fluid is present. If a body fluid is not present, Spencer said she may look for trace DNA, using a Q-tip to run over an area for DNA.
Spencer then walked the jury through a slide showing the DNA process. She explained what DNA is and that it is specific to an individual.
Spencer said investigators eventually end up with a tube that only has DNA present. The tube would look to contain water. She said the DNA in that tube is the only DNA she would work with. She said that she always wants to make sure that there is some left over and only uses a small amount each time the DNA must be tested.
Spencer testified that she then tries to tell how much DNA is present in the tube. The DNA, Spencer said, can tell how much male and female DNA is present and how degraded the DNA is.
Spencer said the DNA is then amplified, or made into copies. Spencer said millions of copies are made. She called them "short, tandem repeats." "It's essentially just like you taking a piece of paper and making copies of it on a copier," Spencer said.
Finally, Spencer said, is the separation step. She said the DNA is separated based on size and charge. An instrument then takes a picture of the DNA. "It's a bunch of peaks and numbers that we use," Spencer said. She showed the jury a chart explaining the comparisons.
Next, investigators move on to the interpretation step, Spencer said. Spencer explained "standards." This is when a Q-tip is run on someone's cheek so that investigators can determine their DNA makeup.
Spencer explained that samples can have more than one person in them. So, they determine how many profiles are present in a DNA. Investigators also look to see if there is a "major or minor contributor" to the DNA sample.
Spencer said that she reviewed the TBI's review of the DNA evidence.
Spencer then began explaining her review of the TBI results. She started going over the boots of Emmitt Martin, one of the former Memphis officers who accepted a plea deal in the case. Spencer said the TBI would've looked for body fluids on the boots, specifically blood. Spencer said the TBI used a presumptive test to look for blood. Leffler asked if the boots had been sectioned off. Spencer said yes, they had so that the investigator could look at certain areas of the boots.
Spencer said the entire left boot was negative for the presence of blood. The right boot was positive for the presence of blood on the presumptive test, Spencer testified. Spencer said that DNA testing looked at three samples on each boot.
The next slide showed the boots of Demetrius Haley, one of the former officers on trial. The left boot tested negative, Spencer said. The right boot tested positive presumptively for the presence of blood, Spencer testified.
Spencer said the TBI used those samples to move into the testing process. Spencer testified that the TBI interrupted from the samples that Martin's boots had inconclusive results on one boot due to the presence of five or more people's DNA profiles on the boots. Spencer said all that she could tell from that boot is that DNA belonging to five people, one male, was on the boot.
Shoes, Spencer said, typically have DNA from multiple people. "We also have to take into consideration where these boots are worn. These are police officers boots that they are wearing out to crime scenes, interacting with individuals every night. So, the fact that they have a number of samples on their boots is not really odd," Spencer said.
Sample two on Martin's boots showed three people, including a male. Spencer also called that sample inconclusive. She said the minor contributor on the boot was inconclusive and Martin was the major contributor.
Martin's right boot showed a sample of two individuals including a male. She said that was also inconclusive. Two other samples showed similar samples with the major contributor being Tyre Nichols.
Spencer then moved on to Haley's boots. The left boot was negative. Sample one showed seven profiles. Sample two showed four samples with Haley being the major contributor. The third sample showed three samples and was also inconclusive, Spencer said.
On Haley's right boots were three samples. One sample showed an "unknown male" to be the major contributor, meaning that there were no samples that matched it. The third sample showed four people's DNA on it. Spencer said it was also inconclusive.
Based on those results, Spencer used "science and a computer" to separate the samples. The process Spencer used, she said, is fairly rare and only two companies have the software to do it. Spencer said the process "uses match for the most part" and that the process is not artificial intelligence. The FBI uses a version of this software testing, Spencer said.
Spencer said that the Tyre Nichols case was the first time she used the software for a case, though she had been through training. Spencer said, because she was focusing on Haley's boots, she decided to take the TBI data from all 12 samples and send those samples off to be tested with the software.
Spencer then displayed a graphic showing comparisons of DNA samples. When looking at Haley's boot, those comparisons showed a strong presence from Haley. Spencer said the samples showed Nichols also had a strong presence.
Spencer moved on to another graph she made showing "all the results we have." She said that graph compared Martin's right boot and Haley's right boot, the boots that had blood on them. According to Spencer's graph, Martin's boot showed two people present in the DNA sample.
Spencer went over Haley's right book next. That boot had a smaller sample belonging to four people. Spencer called it a "limited amount of blood." Spencer said the results on Martin's boot were more consistent with a sample of blood.
Spencer said she compared these samples with the videos and medical examiner's report. Leffler asked if these findings correlated with what she saw on the video. She said they did. "I was looking at where could Mr. Haley have struck Mr. Nichols. Looking at the DNA results, we see... that is not necessarily consistent with what I would expect a blood sample to provide," Spencer said. Spencer said there are other body fluids that can contain blood, such as saliva and sweat. "Looking at those results, it's not clear that it is definitely blood from that sample. It could also be transferred from your skin cells," Spencer said.
Spencer said the sample from Martin's boot is more consistent with blood.
Leffler asked what is more likely to occur at the scene based on the DNA.
"I think, based on the DNA analysis, it provides information on the strike that Mr. Haley made was not necessarily to an area that had blood on it," Spencer said. Regarding Martin, Spencer said Martin likely used his boot on an area where blood was present, such as his face.
Friday, May 2, 9:40 a.m. - Day 5 Begins
Trial began at 9:51 a.m. Shelby County District Attorney Steve Mulroy is in the courtroom.
— Kayla Solomon (@KSolomonReports) May 2, 2025MURDER TRIAL: DAY 4 RECAP
Former MPD Officer Preston Hemphill took the stand. He was at the initial traffic stop. He was asked by prosecutors about some of the statements he made on his body camera video the night #TyreNichols was pulled over. pic.twitter.com/Q9DfmzOd1K
Friday, May 2, 4:30 a.m. - Recap of Day 4
Testimony will continue Friday in Day 5 of the Tyre Nichols murder trial. On Thursday, seven witnesses took the stand, including character witnesses, a former SCORPION unit member and one of the former EMTs who responded to the scene the night Nichols was beaten.
Robert Long was one of two EMTs who responded to Castlegate that night. And he told the jury that when he first arrived, he spoke to Nichols, asking his name and age. Nichols responded.
Long testified that the only information they were given by police was that Nichols was pepper sprayed and tased and there was a possible altercation when he ran. He said once he go to Nichols, he asked if he consumed alcohol or drugs and Nichols admitted he consumed alcohol.
He said his speech was "slurred" but Long attributed that to the alcohol, not any injuries. At one point, he had an intense encounter with defense attorney Martin Zummach — on behalf of Justin Smith.
Zummach: "If Tyre Nichols was getting no care, no basic life support care, you're telling us and the jury it's Sandridge's responsibility, not yours? Is that what you're telling us?"
Long: "I don't assume primary care even if he doesn't completely terminate care. He'd have to relay that to his partner. If he doesn't give me any signs, I wouldn't know."
Zummach: "Isn't Tyre Nichols giving you and Sandridge the signs that he's struggling there at the scene? Are you just going to sit there and say, 'I'm gonna wait til Sandridge tells me to do something?' Is that what your position was there that night?"
Long: "No, sir."
When prosecutors questioned Long, he admitted that the treatment on the scene would have been different if officers told them Nichols took strikes to the head and face. Long finished on the witness stand Thursday.
Thursday, May 1, 4:53 p.m. - Jury excused for the day
Judge Jones excused the jury for the day at 4:53 p.m. The trial is expected to resume Friday, May 2, at 9 a.m. CST.
Thursday, May 1, 4:52 p.m. - Prosecution's redirect
⚠️TRIGGER WARNING- GRAPHIC PHOTO ⚠️ On Day 4, we also heard from various character witnesses for the defendants and Robert Long, a former Memphis Fire EMT who responded to the scene the night #TyreNichols was beaten. Here’s a recap of his testimony. pic.twitter.com/OTVpbztLR9
— Kayla Solomon (@KSolomonReports) May 2, 2025
Lead prosecutor Paul Hagerman asked if head trauma was mentioned. Long said it was not and that the term "altercation" could mean many different things.
Long said he did not hear officers talk about the number of "pieces" they gave Nichols.
Thursday, May 1, 4:44 p.m. - Tadarrius Bean's defense attorney redirects former MFD EMT Long
Upon seeing Bean's body-worn camera show Nichols' handcuffs being taken off, Long again said that he would not have been there to see it because he was getting the stretcher.
Bean's attorney, John Keith Perry, asked if he ever asked Bean to unlock the handcuffs. Long responded that he did not remember seeing Bean at the scene at all. Long said he never remembers Bean interfering with his ability to provide care for Nichols.
Perry asked about Long's potential use of a C-collar. Long responded that the device does not give oxygen, only stabilizes the neck. Perry argued that was the only thing different that Long would have done had he known about the beating. Long responded that he's researched what he could have done differently. Perry argued that Long only started researching those things after the night of the beating.
Perry mentioned that Long was asked about seeing Nichols. Long testified that he saw swelling to his head, blood on his mouth, and disheveled clothing. Perry asked if that was consistent with a person being pepper-sprayed. Long said, "No, sir." Long said those injuries may be the result of a person being tased. Perry asked if he heard conversations between officers. Long did not. Perry argued that Nichols' injuries were more consistent with a person having been in an "altercation" than with a person at a normal arrest scene.
Perry asked if Long's care was limited to whatever his Advanced EMT Sandridge told him to do. Perry said it was.
Perry then brought up the fact that there were two separate scenes. Long spoke to former officer Preston Hemphill at the first scene. Hemphill told Long that Nichols had been tased, pepper-sprayed, and had fought with officers.
"So, there is no mystery about what had gone between the first scene and the second scene and when you get there related to that particular suspect," Perry said.
Perry argued that Long was told that Nichols had been in an altercation with officers.
Thursday, May 1, 4:37 p.m. - Justin Smith's attorney redirects former MFD EMT Long
In redirecting former Memphis Fire Department EMT Robert Long, who responded to the scene of the Tyre Nichols beating, Justin Smith's defense attorney, Martin Zummach, played a portion of Tadarrius Bean's body-worn camera from the night in question.
Zummach recalled testimony from Long that officers did not remove Nichols' handcuffs when Long asked. Zummach stated that Smith said on the video, "Can we get somebody to get the handcuffs off of him?" Long could not make that out on the audio. At that time, Long said he was getting his stretcher from the ambulance.
Zummach asked if Long asked any of the officers on trial to remove the handcuffs. Long said that he asked a police officer who did not confirm or deny that they would and did not make any motion to remove the handcuffs. Video then shows handcuffs being removed from Nichols.
Thursday, May 1, 4:27 p.m. - Demetrius Haley's attorney redirects former EMT
Michael Stengel, defense attorney for Demetrius Haley, asked if, when he arrived at the scene, former EMT Robert Long knew that Nichols had been punched, kicked, or beaten with a baton. Long said he did not.
"It's because you were not there," Stengel said. "If you weren't there when punches were thrown, you can't tell an EMT about it, correct?"
Stengel argued that if Haley was not present to see Nichols punched, then he couldn't tell anyone about it.
Stengel asked Long if he recognized Haley as an officer from the scene that night. Long responded that he did not know which police officers were there. "I can see them here now, but as far as like seeing them, I couldn't tell you if I saw them or not," Long said.
Stengel asked again if Long recalled Haley being at the scene of Nichols' beating. Long said he did not recall.
Hagerman asked Long about how knowing of the punches and kicks would have changed his treatment. Long clarified that he would have also cut Nichols' clothes off down to his underwear. That would allow EMTs to see any physical damage.
"Would you have done it if Advanced EMT Sandridge had not told you to do it?" asked Stengel. "If I found out that information, I still would have done it," Long responded.
Stengel argued that Long did not get an oxygen bag because Sandridge did not tell him to do it. Stengel brought up Long's grand jury testimony when he was asked whether any officer on the scene told Long that Nichols had been punched. Long remembered that question and remembered answering, "No, ma'am." Long also said that no officer told him that Nichols had been kicked or struck with a baton. Long responded that no officer at the scene told him those things. Long was then asked how his care would have changed had he known that information. That statement, according to Stengel, implies that Long was not assertive in trying to take the handcuffs off Nichols. Long agreed.
That testimony was given about two months after Tyre Nichols was beaten.
"And you never said you would do anything different other than put the C-collar on, correct?" Stengel asked. Long responded, yes, that's what he told the grand jury, and that he never mentioned to the grand jury anything about cutting off clothes or inspecting the body. Long said he was never instructed to do anything like that.
"That night, you took no initiative that Sandridge didn't instruct you to, correct?" asked Stengel. Long responded that that was correct.
Thursday, May 1, 4:21 p.m. - Prosecution cross-examines former EMT Long
Former Memphis Fire Department EMT Robert Long called the scene of Tyre Nichols' beating "the most chaotic scene" he had ever been to. Long said the way the officers acted caused him to feel that way. "As far as pepper spray and tasers, the information that was given, that was all the information I had," Long said.
Long testified that none of the officers ever told him that Nichols had impacts to the head. Long said that no officers told him that Nichols had been kicked in the head. Long said that he was never told Nichols had been hit in the head or kicked twice while on the ground.
Long said that he was told that Nichols looked like he was on drugs.
"If you'd have been told that he'd received devastating head blows, would that impact the care that you had given him?" asked lead prosecutor Paul Hagerman. Long responded that was true.
Long mentioned that Nichols' pupils appeared to be pinpoint. That could indicate drug use. Hagerman argued that it could also be a sign of neurological brain damage. Long responded that pinpoint pupils could indicate brain damage.
"If you had been told about impacts to the head, there are things you could have done, right?" asked Hagerman. Long responded that yes, he could have put a neck brace on Nichols, preventing him from further injuring himself.
Long said that he asked to have Nichols unhandcuffed and Nichols never was. Long did not remember who he asked to unhandcuff Nichols. Long said that hindered his ability to render aid.
Thursday, May 1, 4:18 p.m. - Tadarrius Bean's attorney questions former EMT
John Keith Perry, defense attorney for Tadarrius Bean, began questioning former Memphis Fire Department EMT Robert Long who responded to the scene of Nichols' beating.
Long testified that Bean never interfered with Nichols' care. Long testified that he never asked what Nichols was doing prior to the incident, such as why he ran.
Long said that his supervisor also did not ask what happened on the scene or how Nichols got in that position.
Perry told Long that only government people were in the room when he was questioned by the grand jury. "As it relates to what happened at that scene, on that particular night, none of these officers did anything to obstruct your ability to do your job. Yes or no?" Perry asked. Long responded that he did not know the officers at the scene.
Long did know Bean and said that Bean did not interfere with Long's ability to render care.
Thursday, May 1, 3:45 p.m. - Court resumes with Justin Smith's attorney questioning former EMT
Court resumed after a brief recess. Martin Zummach, defense attorney for Justin Smith, resumed questioning former EMT Robert Long, who responded to the scene on the night Tyre Nichols was beaten.
Zummach asked if any officer asked Long about Nichols' oxygen levels. Long said he didn't remember any officer asking about oxygen levels.
Long said when he initially got the call, it said "assault" and gave the intersection of Raines and Ross Road. The MFD dispatch log said that a police officer had been sprayed with pepper spray.
Hemphill told EMTs that there was an incident with a suspect at another location. But the EMTs were originally dispatched to a patient at Ross and Raines. Long said he believed there were two separate incidents, one with an officer being sprayed at Ross and Raines and another incident involving a suspect where tasers had been deployed and pepper spray had been used. Long said that Hemphill told EMTs that officers were in an "altercation" with the suspect, but Long did not know if the altercation was still ongoing.
Long said that Hemphill led him to believe that pepper spray had been used, a taser had been used, and the suspect ran away.
Zummach played body-worn camera footage from former officer Desmond Mills Jr., one of the former officers who accepted a plea deal in the case.
The video showed Nichols at Long's feet just out of view. At this point in the video, Long said he had been standing around for "maybe three minutes." Justin Smith can be seen handing Long something in the video.
Zummach asked why Long didn't get the "green bag." "So, it wasn't your fault that you didn't get the green bag? It was somebody else's fault?" Zummach asked. Long said he was only instructed to grab the blue bag. At this point in the video, Long said it did not occur to him that Nichols may have needed oxygen.
At 8:50 p.m., Long testified that he had begun treatment on Nichols, though at this point in the video he is simply observing. Nichols' feet can be seen "flopping around," according to Zummach. Long then noticed sirens approaching. "So, you're saying that because you hear sirens coming you're not going to treat anymore?" asked Zummach. Long responded, "No, sir," disagreeing with that comment from Zummach.
Long can then be seen searching for Nichols' wallet so that identification can be made. By this point in the video, no type of monitoring equipment had been placed on Nichols.
Nichols feet can, once again, be seen "flopping. "Nichols can be seen "trying to lift himself back up," Zummach said. Zummach asked if that's what Long meant when he put in his report that Nichols was "alert and oriented." Long said that he did not fill out the report. At this point in the video, Nichols is rolling around on the ground as Long stands off-screen, looking at Nichols.
"How's that man supposed to be able to breathe if he's lying flat on his back or rolling around on the concrete?" Zummach asked. Long responded that nothing was obstructing his airway. Long testified that Nichols' movements implied that he had a good pulse.
Sirens can be heard again. Three minutes earlier in the video, Long testified that he heard sirens. Zummach asked where the ambulance was coming from. Long did not know.
Somebody can be heard saying on camera, "Is he alright?" Long testified that it was a police officer who said that. Zummach asked if the same officer asked, "You sure?" Long could not make out that on the audio. Long said that he did not remember hearing the "Is he alright?" question because he had already started moving toward the patient to do a sternum rub.
Zummach asked who is in charge of medical care for a patient at a police-involved scene when EMTs arrive. Long responded, "the highest level of care." In this case, Long said, it would be the Advanced EMT. Long said that would make him the "Number Two Guy." His responsivity, as an EMT, would have been to assist the Advanced EMT by getting equipment the Advanced EMT needs. This allows the Advanced EMT to continue providing care.
"So, if Tyre Nichols is getting no basic care, you're telling us it is (the Advanced EMT's) responsibility, not yours?" Zummach asked. "Are you just going to sit there and wait until Sandridge tells you to do something?" Long responded, "No, sir."
"Who was taking care of Tyre Nichols while he was lying on the ground?" Zummach asked. Long responded that the Advanced EMT should have been.
The Advanced EMT,JaMichael Sandridge, can then be seen pulling out a bag.
A police officer then says, "Sit him up on his butt," referring to Nichols. Zummach asked why a cop is telling him to put his patient in the recovery position. Long responded that Sandridge moved away and he was going to ask a police officer to help him sit Nichols up.
Long then performs another sternal rub. Zummach asked if Long did that because Nichols became non-responsive. Zummach argued that you do sternal rubs on people who are non-responsive in order to stimulate pain and cause the patient to move.
Long said this is the point where it crossed his mind to put Nichols on oxygen. Long's oxygen bag was a block up the road on the ambulance. Long explained that he did not leave Nichols to retrieve his oxygen back because the Advanced EMT had not returned to the scene.
Zummach argued that Smith then asked Long if Nichols' oxygen level was low. Smith can be heard saying "oxygen."
At this point, Advanced EMT Sandridge can be seen on camera. He does not have the oxygen bag. Long said the then left the scene to get the oxygen bag. In the video, Smith then said, "He's got low oxygen," Long testified. Long said at that point he was getting the oxygen bag.
Zummach argued that Long did not come back with an oxygen bag. He came back with a stretcher. Long replied that there was oxygen equipment on the back of the stretcher.
Thursday, May 1, 3:30 p.m. - Recess due to technical issues
The court took a brief recess due to technical issues. Justin Smith's defense attorney, Martin Zummach, is attempting to play a video but the audio is not playing. Similar issues have caused delays throughout the day.
Thursday, May 1, 3:05 p.m. - Justin Smith's attorney questions former EMT
Martin Zummach, defense attorney for Justin Smith, began questioning former EMT Robert Long.
Zummach asked if there was a police officer at the scene who had multiple conversations with him at the scene of the beating. Long said he did not recall. Zummach asked if any officer asked for a "baggy thing to go on his face." Long did not recall that.
Zummach began playing body-worn footage. Technical difficulties prevented audio from playing. These issues have plagued the trial all day.
Thursday, May 1, 2023 - Former MFD Robert Long called by defense
Robert Long, a former EMT with the Memphis Fire Department, took the stand, called by Michael Stengel, defense attorney for Demetrius Haley. Long was terminated from the Memphis Fire Department and has his license suspended as a result of the events that happened with Tyre Nichols on January 7, 2023.
Stengel played a former officer Desmond Mill's body-worn camera video from the night of the beating. It showed Long responding to the call at Ross and Raines on January 7. Long is seen with another paramedic who was fired from the fire department due to actions related to the Nichols scene.
Long testified that the two of them were called out to the scene to help former officer Preston Hemphill. While at that scene, Long said he learned that the person needing treatment was Tyre Nichols. At that time, he was at a second scene. Long said that his unit then went to that second location.
Long said that he and his partner grabbed a cardiac monitor and a "blue bag," which consists of bandaging equipment. Long described these items as "trauma treating" equipment.
Stengel continued playing Mills' body-worn camera. Long can be seen responding to the second scene where Nichols was propped up against a car.
Long testified that he was terminated from MFD on January 30, 2023. Long said his termination was related to his conduct while responding to the Nichols beating scene.
Long said that, at the scene, he saw Tyre Nichols and spoke to him. Nichols gave Long his name and age, Long said, and Nichols was sitting upright against a patrol vehicle. At that time, Long said Nichols had a bump on his head, dried blood under his nose, and a busted lip. Long said there was no active bleeding on Nichols' face. Long said he asked Nichols if he consumed alcohol. Long said that Nichols admitted to having alcohol and did not respond when asked if he'd had drugs. Long said that Nichols' speech was consistent with being under the influence of alcohol. Nichols was breathing "a little rapid" at the time. He was alert and oriented, Long said.
Long said that Nichols asked him to "stand him up and uncuff him." Long said that he did not get a physical pulse from Nichols but described Nichols' pulse as "a good pulse. He was able to move all of his limbs on his own. So, that tells me that he has a good pulse," Long said.
Long said that he learned that Nichols ran, and he assumed that Nichols was tackled. Long said that Hemphill told him that Nichols may have been pepper sprayed, though he did not smell pepper spray at the scene.
Long said that he examined Nichols' pupils, and they were "pinpoint." According to Long, "pinpoint" pupils indicated that Nichols was "under the influence of some sort of drug," and that caused Long to call for an ambulance. Long said he wanted to get a higher level of care to the scene. The paramedics arrived.
Long said, while he was with Nichols, his condition changed from being alert to "responsive to painful stimuli." Long said that, when a status changes, an EMT will administer a sternum rub, using your knuckle to rub on someone's chest. Long said Nichols reacted to that procedure.
Long said that Nichols was alert when he called for an ambulance.
A paramedic took over medical care when he arrived, and Long said, at that time, he went to get the oxygen bag. Until that time, Nichols had not been given oxygen.
Nichols was taken from that scene in an ambulance driven by Long. Long said he drove the ambulance to St. Francis Hospital on Park Avenue. In the passenger seat was a police officer. He had a beard and a beanie. Stengel is implying that the officer was former officer Desmond Mills, though Long did not know the officer's name.
Long said medical personnel was in the back of the ambulance with Nichols. Upon arriving at the hospital, Long said he learned that Nichols went into cardiac arrest. Long said that Nichols was not in cardiac arrest when they left the scene.
Once they arrived at the hospital, Long said they loaded up Nichols and brought him into the hospital. They wheeled Nichols into the trauma room.
Thursday, May 1, 2023 - Prosecution cross-examines defense's doctor
The prosecution asked Dr. Turner if the beating Nichols took killed him. Dr. Turner replied that it was the injury to the head that killed Nichols.
Thursday, May 1, 2:31 p.m. - Demetrius Haley's attorney calls doctor to stand
Court resumed with Michael Stengel, attorney for Demetrius Haley, calling Dr. Jane Turner, a trained forensic pathologist, to the stand. Dr. Turner has practiced for over 25 years and has conducted over 12,000 autopsies. She said she's also given lectures on traumatic brain injury.
Stengel presented Dr. Turner with her resume from November 2024.
Dr. Turner said that she reviews videos, medical records, autopsy records, and photographs. She was asked to review Tyre Nichols' death. She said Nichols was assaulted, struck in the head, unsteady on his feet, eventually tended to medical services, and taken to the hospital with signs of shock. He had no pulse, blood pressure, and wasn't breathing. Urgent care was administered to him. He was given medicines to help his heart function, and imaging studies were done to determine why he entered cardiac arrest, Dr. Turner said.
Dr. Turner said he did have a soft-tissue injury, but no skull fractures or bleeding in or around the brain. Dr. Turner said she also found out from the medical records that Nichols had shock affecting his major organ systems. His brain wasn't functioning. His liver was in shock, and his kidneys were shutting down.
Dr. Turner said the shock in Nichols' system was the result of his head injury, and his body overreacted to the injury as a result. Dr. Turner said she reviewed the autopsy done by the prosecution's witness, Dr. Ross, who performed the autopsy. On the initial injury scan, Dr. Turner said Nichols had no injuries to the brain. Those injuries appeared on January 10, three days after the beating, Dr. Turner said. It was after Nichols' first CT scan. Dr. Nichols said the bleeding to the brain was part of a reaction, not the result of the assault itself. "They developed later because when there's trauma to the brain, it can create an adrenaline rush... Those high blood pressures can cause bleeding in the brain," Dr. Turner said.
Dr. Ross said that she agrees Nichols' cause of death was blunt force trauma to the head, but that she came to her conclusion differently. The second CT scan showed that, between Jan. 7 and Jan. 10, Nichols developed a hemorrhage and that he had elevated blood pressure. Dr. Turner said that Nichols was "without a properly functioning heart" for about 25 minutes before arriving at the hospital, leading to damage to the brain and blood vessels in the brain.
"If Mr. Nichols would not have sustained that head injury, he would not have had that brain hemorrhage," Dr. Turner said. "It appears that Dr. Ross saw that there were hemorrhages to the brain and concluded that it was from blunt force head trauma."
Dr. Turner then described the destruction of muscle cells, happening quickly in great quantity. That leads to protein being released in the blood and damage to the kidneys, Dr. Turner said. Stengel said that Dr. Ross said that process was caused by blows to Nichols' arms. Dr. Turner said that, by Jan. 8, when he was diagnosed with that, he already had damaged kidneys. Stengel asked if that process had any effect on Nichols' cause of death. It did not, Dr. Turner said. Dr. Turner said a kick to the arm would not have any effect on Nichols' cause of death.
Thursday, May 1, 12:35 p.m. - Jury excused for lunch
Judge Jones excused the jury for lunch just after 12:30 p.m. Trial was expected to resume around 1:45 p.m.
Thursday, May 1, 12:32 p.m. - Redirect by Bean's attorney on character witness.
McKinney testified that training officers directed officers to hit "Bad Bob" with force and then put handcuffs on.
Thursday, May 1, 12:31 p.m. - Prosecution's cross-examine
The prosecution asked McKinney if the Memphis Police Department told officers to kick people in the head or punch people in the head. McKinney said they did not.
Thursday, May 1, 12:30 p.m. - Haley's attorney questions Bean's friend
Martin Zummach, attorney for Demetrius Haley, asked McKinney if his life was in jeopardy during the exercise. He said it was not and that he was panicked.
Thursday, May 1, 12:30 p.m. - Haley's attorney questions Bean's friend from police academy
In questioning, McKinney said that you had to blink to get the pepper spray in your eye.
Thursday, May 1, 12:19 p.m. - Bean's attorney calls character witness from police academy
Bryant McKinney took the stand, testifying for John Keith Perry, Tadarrius Bean's attorney. McKinney works in corporate security and went through the police academy with Bean.
McKinney said he became a friend of Bean's when going through the police academy. McKinney worked with MPD when he came out of the academy.
"As a student in the academy, he was always prepared. Always seeking to help people in the academy...always had a mild-mannered mentality and always kept a level head," McKinney said, calling Bean a "quiet guy."
McKinney said that Bean took his job as a police officer seriously. "He felt that the job was very serious and that there was a need to keep the city safe and play his part in doing so," McKinney said.
McKinney described Bean as a "man by the book."
In particular, McKinney said that Bean gave McKinney a call upon getting to the OCU. McKinney said Bean had a work car but was having issues with his personal car. Bean called McKinney for a ride "up the street" to get something to eat because he refused to use his take-home car, McKinney said.
"That's how by the book he is?" Perry asked. "Is that how he's always been since you've known him?" McKinney said, "Yes, to this day." McKinney said he would not have a problem serving in law enforcement with Bean. "You never have to second guess him," McKinney said.
Perry, again, brought up the "Bad Bob" exercise. This involves a police trainee being pepper-sprayed, asked questions, and then tasked with arresting a dummy. McKinney said that being pepper-sprayed creates difficulties when trying to detain a suspect.
Perry played a video of McKinney going through the "Bad Bob" exercise. McKinney said he was in a lot of pain during the exercise. In the video, McKinney fights the dummy and says, "Stop resisting."
During the exercise, McKinney was allowed to put one hand over an eye and close the other eye while being sprayed, different than being sprayed directly in the eyes. McKinney said it would probably be more difficult if he had been sprayed directly in the eyes.
Thursday, May 1, 12:18 p.m. - Cross-examine of pastor and attorney
Pastor and attorney Keveon Taylor said that Bean does know how to rectify situations and confront people. The prosecution's question implied that Bean did not do that on the night in question.
Thursday, May 1, 12:13 p.m. - Pastor and attorney testifies for defense
Keveon Taylor was then called to the stand by Tadarrius Bean's attorney, John Keith Perry. Taylor is a pastor and an attorney in the state of Mississippi.
Taylor said he met Bean about seven years prior when he was a student at the University of Mississippi. Taylor met Bean when Bean joined a fraternity. In high school, Taylor served with the Army National Guard. He also joined a volunteer fire department when he was 15 years old and then joined a fire department in Mississippi.
"I'd say he's humble, a man of integrity, a man of truth, and he's a friend," Taylor said of Bean.
In particular, Taylor recalled a situation where Bean's character was tested. Taylor said some chapter members of his fraternity took a sum over $3,000 out of the fraternity's account. Taylor said he and Bean found out about it. Taylor said Bean let him know and that the two of them went to the bank to rectify the situation. "That included confronting those members who committed that wrong and letting everybody else know what had happened," Taylor said.
Taylor said he has no problems about testifying in favor of Bean's character. "I have raised my hand and taken oaths just like all the other officers of this court have done, and I take that oath seriously because I know there's another judge who knows if we're telling the truth or not," Taylor said.
Thursday, May 1, 12:12 p.m. - Prosecution's cross-examination of MPD Officer Turner
The prosecution cross-examined current Memphis Police Officer Gregory Turner.
Turner agreed that "good people can make bad choices."
Thursday, May 1, 12:07 p.m. - Justin Smith's attorney calls officer to stand
John Keith Perry, defense attorney for Tadarrius Bean, called to the stand Memphis Police Officer Gregory Turner.
Turner said that he was Bean's field training officer when he graduated from the police academy.
Turner said that officers assigned to the SCORPION Unit, like Bean, were picked based on their merit.
"Tadarrius was a humble guy. Well-mannered. Listened. Was probably one of my favorite trainees. He went above and beyond. I didn't have to repeat myself. Superb young fellow when I had him. Never caused me any trouble... Overall just a good young man during that time frame when I had him," Turner said of Bean's character.
Turner said that Bean was mature. "He was well put together," Turner said.
Turner said that Bean's reputation was good. "That's how you get involved with that unit, by being a good, proven officer on the streets," Turner said.
Thursday, May 1, 12:04 p.m. - Prosecution redirect
Lead prosecutor Paul Hagerman asked theft victim Justin Riley if he knew someone who had been arrested and convicted of vehicle break-ins on his street on the night in question.
Riley said he did not and that he does not know how that identification could have come to be in Tyre Nichols' car.
Thursday, May 1, 12:03 p.m. - Smith's attorney questions theft victim
Martin Zummach, defense attorney for Justin Smith, questioned theft victim Justin Riley.
Riley said his identification was in the wallet that he reported missing. He said he was never contacted by anyone to tell him that his ID was recovered.
Thursday, May 1, 11:59 a.m. - Defense's next witness, theft victim
Jordan Riley was then called to the stand by Michael Stengel, defense attorney for former officer Demetirus Haley.
Riley told the jury that he was the victim of a theft on October 31, 2022. "We had had some friends over for a Halloween party. Everybody had left. The next day, one of the friends called and said, 'There's glass all around your car.' I went outside and looked at it, and my glass had been busted out and the car had been run through," Riley said. Riley said his wallet, along with cash, debit cards, and identification, had been stolen. Riley said his "everyday carry" had also been stolen, referring to a gun.
Riley looked through pictures; one of them showed his high school student ID card. That card was stolen from his car on the night in question.
Riley testified that he does not know Tyre Nichols and has no association with him. Riley said that Nichols did not have his permission to have any of his property.
Thursday, May 1, 11:55 a.m. - Prosecution's redirect
Lead prosecutor Paul Hagerman asked what points in the video Hemphill was referring to when Bean didn't do anything. They were talking about the SkyCop video.
Hemphill admitted that the kicks and punches to the head of Nichols "were wrong."
Thursday, May 1, 11:52 a.m. - Redirect by Tadarrius Bean's attorney
Under redirect, Hemphill said he always wanted to be a police officer, had family who were police officers, and that he was familiar with the term "street tax."
Bean's attorney, John Keith Perry, said that Hemphill met with the grand jury multiple times and was asked questions about the officers' use of "street tax." Hemphill told the grand jury that he never heard of Bean referring to or administering a "street tax."
Perry brought up Hemphill's statements to the federal authorities. He asked if Hemphill remembered being shown videos of the incident. He did. When he was first questioned, he had never seen the videos. When he saw the videos, he told investigators that it appeared that Bean was just trying to get Nichols into handcuffs and that he told investigators that it didn't seem like Bean was doing anything wrong.
Thursday, May 1, 11:47 a.m. - Redirect of Preston Hemphill, Demetrius Haley's attorney
Michael Stengel, defense attorney for former officer Demetrius Haley, redirected former officer Hemphill.
Hemphill said that he had seen traffic violations made by the Nissan and that he believed Nichols was speeding based on Martin's call.
Stengel brought up the speed Hemphill was going during the attempt to catch up to Nichols and his fellow officers. Hemphill recalled going "about 60 mph" on Raines Road. When an officer exceeds the speed limit, a device in their car turns bright red.
"Did you see Demetrius Haley used soft, empty-hands control as part of that stop?" Stengel asked. Hemphill said that was the technique Haley used when he pulled Nichols out of the car. Hemphill testified that, during the traffic stop, he heard Martin say, "Let go of my gun," causing Hemphill to react. "At the traffic stop, did he ever say anything about tugging on his belt?" asked Stengel. "No, sir," Hemphill responded.
"And it was what was said during the stop that was important?" asked Stengel. "Yes, sir," said Hemphill.
Lead Prosecutor Paul Hagerman objected to Stengel's leading questions.
Stengel ended redirect.
Thursday, May 1, 11:29 a.m. - Prosecution's cross-examination of Preston Hemphill
Lead Prosecutor Paul Hagerman addressed what Hemphill actually saw and what his fellow officers saw. Hemphill said it was former officer Emmitt Martin who said he saw Tyre Nichols speeding. Hemphill did not see Nichols speeding.
Hemphill testified that he saw Nichols changing lanes without a turn signal "once or twice." Hemphill said he heard Martin say Nichols was speeding and then saw Martin hit his blue lights "a couple of blocks up."
Hemphill said that Martin did not keep his blue lights on and that he flipped them on "pretty quickly." Then the cars continued to travel. Emmitt Martin did not have his blue lights on the entire time, Hemphill said.
"At that point, what were y'all doing?" Hagerman asked. "We were following him," Hemphill said. Hemphill explained that they were not pursuing Nichols and that a pursuit would not have been authorized for a traffic offense.
"You never see the car going into incoming traffic, do you?" Hagerman asked. Hemphill said, "No, sir." "You never see the car hopping a curb or anything like that?" asked Hagerman. "No, sir," Hemphill said.
Hemphill testified that the officers were undercover Dodge Chargers with the lights on the inside. When they caught up with the car, Nichols' car was stopped in the left-hand turn lane.
"Did you ever see Tyre Nichols take a swing at somebody during this traffic stop, kick somebody during this traffic stop, did he cuss at y'all during this traffic stop, spit at y'all during this traffic stop, or threaten y'all during this traffic stop?" Hagerman asked. Hemphill said no to all of those questions. Hemphill said that he previously described Nichols' behavior as "politely resisting."
Hemphill explained that he got out of his car with his gun drawn, put it up, and then put a non-active taser to Nichols' leg. Demetrius Haley then said, "I'm going to break your (expletive)," after Hemphill said, "I'm going to tase our (expletive)," Hemphill testified.
Hemphill described the way Nichols was taken out of the car as "forcibly" and that he told an officer on the scene that Nichols was "persuaded" to get out of the car. Hemphill admitted that the word "persuaded" was inaccurate and that he was forcibly taken to the ground. Nichols was then pepper sprayed prior to running away, Hemphill said.
Hemphill was previously asked if it was all of those actions that made Nichols run away. A defense attorney objected to speculation.
Hemphill said, when Nichols was taken from the car, he heard Martin tell him to let go of his gun. Hemphill testified that he never heard a hand hit a gun, he only heard Martin say, "Let go of my gun." Hemphill testified that he never saw Nichols grab for Martin's gun and does not know if Nichols grabbed for the gun.
Hemphill said that he spoke to Martin after the incident and asked Martin if he "heard what he thought he heard." Later, Martin made a reference that something may have just been "tugging on his belt."
Hemphill testified that it was that phrase from Martin that caused the incident to become forceful. Hemphill then testified that Nichols was not fighting at that time and was "politely resisting," a term he would not consider to mean fighting.
Hagerman then addressed Hemphill's statement of "I hope they stomp his (expletive)." Hemphill said he regretted that comment. Hagerman addressed a comment later made about Nichols' face. Hemphill said he also regretted that comment.
Hagerman asked Hemphill if there was something to the phrase "I hope they stomp his (expletive)?" Hemphill said there was. "Have you ever heard of some kind of street justice from someone who ran from police?" Hemphill said he has heard that from police in general, especially from older officers "who don't want to get out of their cars anymore."
"Nowadays, it's not talked about in terms of 'street tax' is there?" Hagerman asked. Hemphill said that, these days, the term means that if someone runs you may be able to get one punch in, but no more.
Hagerman asked Hemphill if someone runs if officers, sometimes, try to get "street justice." Hemphill said yes and that, to his knowledge, one punch may be acceptable, but more would be unacceptable. Hemphill testified that punches are also referred to as "pieces."
"Is that the stomping that you were hoping for?" Hagerman asked referring to the SkyCop video. Hemphill said no. "Was that beyond anything you were hoping for?" asked Hagerman. "Yes, sir," Hemphill responded.
Thursday, May 1, 11:26 a.m. - Trial resumes with testimony from former officer Preston Hemphill
John Keith Perry, defense attorney for Tadarrius Bean, continued questioning former Memphis Police officer and SCORPION Team member Preston Hemphill. Perry asked Hemphill about the "Bad Bob" exercise he underwent during training.
Hemphill explained that "Bad Bob" is an exercise where an officer is sprayed in the eyes with pepper spray, asked questions, told to fight a dummy and then told to handcuff a dummy. Hemphill said it's difficult to find and handcuff the dummy because the officer is essentially "blind." Hemphill testified that the apprehension of Nichols was much like that exercise and was "one of" the most difficult apprehensions he's had with the Memphis Police Department.
Thursday, May 1, 11:04 a.m. - Brief recess
The court entered a brief recess in the middle of John Keith Perry's questioning of former Memphis Police officer Preston Hemphill.
Thursday, May 1, 10:52 a.m. - Bean's attorney questions former officer Preston Hemphill
John Keith Perry, defense attorney for Tadarrius Bean, began questioning Hemphill. Hemphill said that, besides himself, Bean was the newest member of the team.
Perry said that, throughout the investigation, Hemphill has been "consistent" with his testimony. That included while speaking to members of the Shelby County District Attorney's Office. Hemphill said those communications were pleasant.
Hemphill said it was different when speaking to the Department of Justice. Hemphill said they tried to get him to change stories at some times. "There were eight pages where they tried to get you to change the fact that you heard somebody's hand on a gun," Perry said. Hemphill agreed.
Hemphill recalled testimony saying that he knew Bean and that he "didn't talk much," was "a pretty quiet guy," and that he "seemed like a pretty good officer (who) was shy and handled his business the right way."
Perry said Hemphill was asked if Bean had ever used excessive force. Hemphill said that he had never heard reports of Bean using excessive force.
Perry then brought up the training exercise where an officer is sprayed with pepper spray. "The whole point of the exercise is that you have to work through it. You can't just give up," Hemphill said. After being sprayed, Hemphill said the officers were asked questions and told to fight two dummies.
Hemphill testified that if you have pepper spray in your eyes, you can only see a few feet in front of you. "Were you running out there in the dark after having some pepper spray in your eyes, and was it a pretty difficult experience?" Perry asked. Hemphill said yes to all of those questions.
Thursday, May 1, 10:15 a.m. - Former Memphis Police officer Preston Hemphill continues testimony for defense
Martin Zummach, defense attorney for Justin Smith, resumed his questioning of former Memphis Police officer Preston Hemphill. Hemphill was one of the first three officers to respond to the original traffic stop of Tyre Nichols.
Zummach attempted to play an audio recording but had technical difficulties with the audio. The issue was soon fixed.
Hemphill identified the voice of Emmitt Martin, one of the former officers who took a plea deal prior to the federal case. Hemphill identified his own voice and said that he was out of breath on the audio clip.
The dispatch officer asked Hemphill if Nichols had any charges on him. Hemphill said he did not recall anyone ever responding to that question. Hemphill said it just slipped his mind; he wasn't listening to the radio, and that he was helping Demetrius Haley chase Nichols.
Martin comes on the radio and asks if there are any other SCORPION Unit officers in the area. Hemphill said that call meant to him that he needed to get to the location if possible. "You need to drop everything and head to that location," Hemphill said of the call. Hemphill said if he didn't go to the call, "realistically, other cops would start talking about you" and that he may have possibly been disciplined for not responding.
Justin Smith tells dispatch that he's en route to the area to assist. The dispatch officer told Smith that there weren't any more cars, Hemphill said.
Hemphill said a call then went out advising dispatch and supervisors that weapons like pepper spray and a taser had been used. Zummach pointed out that the lieutenant did not call for the fire department following the use of a chemical agent and that Justin Smith did.
Zummach asked if the cops were coming through more clearly than the dispatch. Hemphill said that was the case and that dispatchers often came over the radio "muffled."
Hemphill said that he again advised dispatch that he had used his taser and that dispatch responded, verifying that she had that recorded and that the fire department was on the way. Zummach argued that, at this point, Nichols had not been captured. Despite Nichols not being captured, Zummach argued that Smith and Hemphill both called for medical assistance and reported the use of pepper spray and a taser.
Lt. Smith, the supervisor, then asked dispatch for a K-9 officer to help search the area. Martin then asks dispatch to run the tag of Nichols' car and for the address associated with it. Hemphill said, at that point, nobody knew who had been driving the car, implying that they did not know Nichols.
Former officer Desmond Mills, a former officer who accepted a plea deal in the case, then calls out over the radio and tells officers that he's spotted Nichols at Ross and Castlegate Lane. In that call, Hemphill said Mills, a usually quiet person, sounded like he needed officers to assist him. Dispatch then puts out a call asking any officers in the area to respond.
Hemphill said that if an officer was waiting for a tow truck, they were trained to ignore a call for help because MPD would rather you wait for the tow truck and let "other officers pick up the slack." This came in response to a hypothetical question from Zummach about how officers respond to calls for assistance.
Hemphill then identified Smith's voice. He said it sounded like Smith was actively engaged in "still fighting with the suspect." Hemphill then identified background noise on Smith's call saying, "Give me your hands." Zummach disagreed with the way Hemphill heard that and replayed the clip. Upon relistening, Hemphill said someone in the background said, "Give me your mother (expletive) hands." Hemphill said that sounded like Emmitt Martin.
Desmond Mills, who has pled guilty in the case, then comes over the radio sounding out of breath.
Smith then comes on the radio. Zummach asked what intersection Smith put on the radio. Hemphill said, "Ross and Castlegate." Zummach responded, "Okay. We'll leave it to the jury then." Hemphill then testified that Smith sounded out of breath and that he's typically known as a "composed" person.
Zummach then played audio from Lt. Smith who, according to Hemphill, sounded confused about the street name he was responding to.
Zummach said that dispatch called for Smith to again give them his location. Mills responded, saying, "Castlegate and Bear Creek."
Demetrius Haley, a defendant, then comes on the radio telling dispatch to start the fire department because Nichols had been "pepper-sprayed, tased, and everything." Hemphill said he was still at the original traffic stop listening to the audio. Hemphill said these calls implied that Nichols was taken into custody, had handcuffs on him, and was "under control." Zummach implied that it meant that the suspect had been searched. Hemphill then agreed that yes, the suspect would be searched at that point, though he wasn't at the original traffic stop.
"So, we can't say dispatch didn't know about all this, right?" Zummach asked. Hemphill agreed and testified that he told paramedics at the original traffic stop that Nichols had been pepper sprayed and tased and that there's been a fight.
Zummach said, 15 seconds after the call from Haley, Hemphill responded by saying that paramedics were at the original scene with him. Zummach asked Hemphill to identify an officer's call number. Hemphill couldn't remember who that was, but the officer said Nichols was taken into custody at that time.
Zummach asked if Smith, upon telling Hemphill to send them paramedics, sounded "put out." Hemphill said he did. At that time, Hemphill was a "regular officer," he said. Smith was also a patrolman, Hemphill said.
Hemphill said he was not familiar with Smith's reputation and that, at the time of the beating, he had only known Smith three months. But Hemphill previously testified that Smith was "kind, gentle, and understanding." Hemphill said, "Any time I had a question or anything I always asked him. He wouldn't ask questions. He would always help me out to the best of his ability. There was a time when I was probably going to be sent off the team because I wasn't producing stats. So, he told me to ride in his car for a couple days to figure out the things that SCORPION Team members are supposed to do," Hemphill said.
Hemphill finished by testifying that Smith gave him advice about what officers to stay away from.
Thursday, May 1, 10:10 a.m. - Day 4 Begins
Day Four of trial began at 10:10 a.m., after a delay of more than one hour.
Thursday, May 1, 10 a.m. - Delay to start Day 4
The start to Day Four of the trial was delayed by over an hour. At 10 a.m., trial still had not started.
Thursday, May 1, 4:30 a.m. - Recap of Day 3
MURDER TRIAL DAY 3: The state officially rested its case in the murder trial for three former MPD officers charged in the death of #TyreNichols. In total, prosecutors called up 5 witnesses, including former MPD officer Desmond Mills Jr. and Tyre’s mother, RowVaughn Wells.
— Kayla Solomon (@KSolomonReports) April 30, 2025
Former Memphis Police Officer Preston Hemphill will be back on the witness stand Thursday morning in the Tyre Nichols murder trial. He's one of the defense's first witnesses after the state had rested its case Wednesday.
Hemphill was another member of MPD's now-disbanded SCORPION unit. He was fired for his role in the initial traffic stop that led to Nichols' beating but did not participate in the beating itself and was not charged criminally.
Hemphill told the jury Wednesday that he made the traffic stop with charged officers Demetrius Haley and Emmitt Martin. Hemphill said they considered it high-risk, saying Nichols kept driving after they tried to pull him over.
Hemphill will be back on the stand this morning at 9 a.m.
Wednesday, April 30, 5:42 p.m. - Jury excused for day
Judge Jones excused the jury at 5:42 p.m. The trial will resume at 9 a.m. CST on Thursday, May 1 with the remainder of Preston Hemphill's testimony.
Wednesday, April 30, 4:59 p.m. - Justin Smith attorney questions former MPD Officer Preston Hemphill
Martin Zummach, attorney for former officer Justin Smith, then began questioning former Memphis Police Department Officer Preston Hemphill. Hemphill was a member of the SCORPION Team involved with Tyre Nichols on the night of the beating and was the third officer to respond to the original traffic stop.
Zummach introduced into evidence video showing the route that Hemphill, Martin, and Haley would have taken while chasing Nichols prior to the original traffic stop. Zummach then displayed video from Hemphill's body-worn camera during the chase. The footage shows Hemphill going 60 mph. While going at that speed, Nichols and the other SCORPION cars were pulling away from Hemphill. Hemphill said that you had to hit a button to make the body-worn camera start recording both audio and video.
Hemphill's camera showed Nichols's car in front and Haley's car to the left of Nichols. Martin's car was on the opposite side. Martin can be seen at the driver's side door. Haley can be seen on the left side of the car. Haley can be heard using "verbal judo" and ordering Nichols out of the car. Nichols can be heard saying, "I'm not doing anything" and then "alright, alright, alright." Nichols can then be heard saying, "Don't do that." Hemphill then says, "Get on the (expletive) ground" and "I'm going to tase your (expletive)." Martin then says, "Tase him. Tase him." Hemphill said, at this time, the traffic stop was lawful.
Zummach then paused the video on a still shot of Nichols, appearing to look up at Hemphill as he tells Hemphill that he's on the ground. Nichols's left arm is being held. Haley then said, "I'm going to break your (expletive)." Nichols says, "Y'all are really doing a lot." Hemphill said that Nichols was not complying. Hemphill can be heard telling Nichols to get on his stomach. Hemphill said Nichols never got on his stomach. Seconds later, Martin said, "Spray him."
The body camera then begins shaking. Hemphill testified that Nichols was able to lift and push all three officers off of him. Hemphill said he weighs 275 and that the other two officers weighed between 250 and 270 pounds. The video then shows Hemphill attempting to use his taser and Nichols taking off his jacket.
The video continues as Hemphill chases. Haley then returns to Hemphill. Hemphill put out a radio call to local officers. Haley can be seen walking in Hemphill's view. Hemphill said he grabbed Haley by the arm because he was unable to see, due to the pepper spray, and he was walking him across the street. Hemphill can be heard in the video asking where his glasses are. Hemphill said they flew off during the "scuffle."
Video shows Hemphill pouring water on Haley after being pepper-sprayed. Justin Smith can then be heard asking for more cars, Hemphill said.
Zummach then stopped the video after Justin Smith told dispatchers to start the fire department to their location for a chemical agent. That referred to medical assistance for people affected by pepper spray, including Nichols, Hemphill said.
Hemphill said that the fire department responded as the result of Justin Smith's radio call.
Just after 8:33 p.m., Hemphill can be heard saying, "I hope they stomp his (expletive)." Hemphill testified that he was angry because he was pepper sprayed and lost his glasses and that he had no reason to believe that anyone would "stomp his (expletive.)"
Justin Smith can then be heard calling for more police cars. Hemphill testified that, based on reputation, he does not believe Smith to be a "drama queen" and that Smith's voice sounded panicked.
Hemphill testified that radio calls from the second scene indicated that Nichols was "still fighting" and that he heard another call saying, "Give me your (expletive) hands."
Hemphill testified that all officers in the area responded because they heard an officer calling for help over the radio and that Smith's sound, on the radio, continued to sound distraught. Haley can then be heard saying, "He's been pepper-sprayed, tased, everything."
A fire truck then appears on screen. Hemphill said that fire truck responded as a result of Smith's first call for medical.
Hemphill can then be heard telling medical personnel that Nichols has been pepper-sprayed and tased. He asks his fellow officers if they are going to bring the suspect back or if medical should go to them. Justin Smith responds that medical should come to them.
Wednesday, April 30, 4:25 p.m. - Hemphill testimony, questioned by Haley's attorney
Former Memphis Police officer/SCORPION Unit member Preston Hemphill is now testifying on behalf of the defense. Hemphill was at the initial traffic stop involving #TyreNichols, but was not at the second scene. Hemphill is not criminally charged. Watch: https://t.co/ecuZYfwTrW pic.twitter.com/MSInj93D5j
— Kayla Solomon (@KSolomonReports) April 30, 2025
Former Memphis Police Officer Preston Hemphill was called by the defense to testify.
Michael Stengel, defense attorney for Demetrius Haley, was the first to question Hemphill. Hemphill worked with the SCORPION 1 Team on the night Tyre Nichols was beaten. That's the same team all of the former officers belonged to.
Hemphill said their job was to go into high-crime areas and look for illegal activity. They'd look for cars and reasons to pull them over and go from there. Hemphill clarified and said they were looking for expired tags, no headlights, or a broken taillight. Hemphill said, on the night Nichols was beaten, he was wearing black uniform pants, a black t-shirt that said "POLICE" and a police-issued vest. Hemphill said that he carried a taser, his police pistol, pepper spray and a baton. He was required to carry those weapons, he said. He said he was working from 6 p.m. until 2 a.m. on the night Nichols was beaten.
Stengel asked Hemphill about the original traffic stop. Hemphill said he did not know who was in the car or how many people were in the car. Hemphill said he first learned of the call when Martin said he saw a car speeding and that the vehicle did not stop for Martin. Hemphill said that he was in communication with other SCORPION Unit officers. Martin initiated the stop on Nichols' car, Hemphill said.
Hemphill said Martin turned on his lights, activated his siren, and then called out over the radio, telling his fellow officers that the vehicle was fleeing. Hemphill did not recall if Martin said Nichols was "getting little," meaning fleeing.
Hemphill said that he saw the Nissan driven by Nichols commit traffic violations after Martin hit his lights. Nichols changed lanes twice without a blinker and ran from police, Hemphill said. Hemphill said those traffic violations were a legal reason to pull the car over.
Stengel asked if Hemphill continued following the Nissan. Hemphill said he did, along with Haley and Martin. That chase continued until it reached Raines and Ross, the site of the original confrontation. During the chase, Hemphill said he fell behind the Nissan. Hemphill said he was speeding while trying to catch up to Nissan on the 45 mph road.
Stengel asked if the Nissan's actions on Riverdale increased the risk of the traffic stop. Hemphill said it did because the driver was driving recklessly and fleeing from police. Hemphill said there were several different types of traffic stops. Some result in warnings; others are "high-risk" traffic stops. Hemphill said he determined if a traffic stop was low or high risk by "getting a sense" as an officer. Hemphill testified that he saw some things, including fleeing and reckless driving, that gave him that sense.
Stengel asked what happened when he got to the original traffic stop. Haley and Martin were already next to the Nissan, Hemphill said. Haley was on the left, and Martin was on the passenger side. Hemphill pulled up behind the Nissan. Hemphill said that at the point he arrived, the risk of the traffic stop was elevated because the car fled from police and he could not see in the vehicle due to a back-tinted window.
Stengel asked if it was normal for a driver to stop after fleeing. Hemphill said no and that it concerned him that the driver did pull over. "What are we fixing to get into next?" Hemphill remembered thinking. Hemphill said that he had never had a suspect pull over after fleeing. He'd been an officer for three years and a SCORPION Unit member for several months at that point.
When he arrived, Hemphill said he saw Haley and Martin approaching the car and that Hemphill drew his pistol. He said he put his pistol up when he saw Haley and Martin getting into the car. Haley approached the driver's side, Hemphill said, though he didn't remember what Haley said.
Stengel asked if Haley was telling Nichols to get out of the car. Hemphill didn't remember. Hemphill did remember that Haley got Nichols out of the car by opening up the driver's side door and pulling Nichols out.
Hemphill said that he's familiar with use-of-force training, which includes soft-hard and hard-hand tactics. He said Haley did not have any weapons in his hands when he pulled Nichols out of the car. At this point, Hemphill said he did not know who the driver of the car was or how many people were in the car. Hemphill said he later learned the driver was Tyre Nichols. Hemphill said, to his knowledge, neither Martin nor Haley initially knew who the driver was.
When Haley got Nichols out of the car, Hemphill said he tried to get handcuffs on Nichols. Hemphill said, at that point, Nichols was struggling. Hemphill said Haley was pushing Nichols against the door of the car to get his hands behind his back and that Nichols refused to put his hands behind his back and turned around to face Haley. Hemphill was feet away at that point, he said.
When Nichols spun around, Hemphill said he heard Martin yell, "Let go of my gun." That meant to Hemphill that "someone's probably fixing to get hurt," he said. "If you bring a gun into this, it could go deadly." Hemphill said that officers are trained in gun safety and that they must keep control of their service weapons at all times. Hemphill said that statement increased the risk "as high as it can go." "At that time, I heard someone say, 'Take him to the ground.' I believe it was Haley. And we took Mr. Nichols to the ground. He was still resisting with us. I pulled my taser out. I switched it on, but it never had any electricity running through it. I put it to his thigh and told him I was fixing to tase him," Hemphill said.
Hemphill said that Nichols broke free and that Haley used pepper spray, spraying everybody. Hemphill said that Nichols stood up and that he tried to "bear hug" Nichols. Hemphill said he saw Nichols run toward a squad car that was running, and, at that time, he fired his taser. Hemphill said his taser had no effect. Hemphill said that his taser did not make a good connection with Nichols, but he didn't know that at the time.
Once Nichols ran, Hemphill said that he and Haley tried to chase after him. Hemphill had lost his glasses, and Haley was suffering from pepper spray. Hemphill put out a call on the radio telling Nichols' description and where he ran.
Hemphill said that the pepper spray the officers used was very strong and that water only temporarily lessened the pain.
Hemphill said that, while at the original scene, he had to find the prongs that came out of the taser, write a memo, and request help for the suspect from medical personnel. While at Ross and Raines, Hemphill helped Haley flush out his eyes and listened to dispatch talk about the chase.
While listening to dispatch, Hemphill said he learned that Mills, Bean, and Smith managed to locate Nichols. He said he did not know where they were at that time. Hemphill said that he learned there was still a "scuffle" going on and that more cars were needed.
As the radio told officers that the suspect was still struggling, Haley left. Hemphill said it was good training and policing for Haley to go help his fellow officers in the middle of a struggle.
When first responders arrived, Hemphill said he got on the radio and asked if medical personnel needed to go to them or if the suspect would be returned to the original scene. Hemphill said that the medical personnel knew before they arrived that Nichols had been pepper-sprayed and tased, that there had been a struggle, and that Nichols fled.
Hemphill never went to the second scene where Nichols was beaten. While at the first scene, Hemphill said he did not hear a description of the force used on Nichols.
Before Nichols fled the original scene, Hemphill said it was a difficult struggle to control him and that Nichols was able to get away from three officers. When Martin said, "Let go my gun," Hemphill said that increased the risk because of fear. Hemphill said he relied on Martin's statement to follow policing. Hemphill said he had to assume it was true. Hemphill said Nichols continued to not cooperate when taken to the ground and that he continued to avoid handcuffs. Hemphill said Haley used pepper spray, and Nichols was still able to get away.
Hemphill said, to his knowledge, Nichols was not affected by the pepper spray. As Nichols ran away, Hemphill said he was not affected by the use of a taser and that he continued to escape.
Wednesday, April 30, 4:25 p.m. - Cards entered into evidence
Defense attorneys introduced the cards found in Tyre Nichols car into evidence.
Wednesday, April 30, 4:11 p.m. - Former Memphis Police Officer Preston Hemphill called to testify
Former Memphis Police Officer Preston Hemphill took the stand to testify for the defense. Hemphill's body-camera footage from the night of the beating shows him responding to the original traffic stop and using his taser. After Nichols ran off, Hemphill can be heard saying, "I hope they stomp his (expletive)."
Wednesday, April 30, 4:09 p.m. - Prosecution's redirect of TBI Agent Charles Baker
"I can't tell you anything about Mr. Nichols strength or his past because I don't know. I was asked to work a case involving the death of Mr. Nichols. What was the reason behind it, and who caused it? Turn over the evidence and move forward," Baker said.
Hagerman asked him if he turned over pole camera footage that he considered crucial. He said he did.
Wednesday, April 30, 3:59 p.m. - Defense attorney for Tadarrius Bean redirects TBI agent
John Keith Perry, attorney for Tadarrius Bean, asked if TBI agent Charles Baker, during his time as a police officer, ever had a difficult arrest. Baker said that he did have many difficult arrests and that he's served in law enforcement for 36 years. Perry asked if Baker ever worked for OCU or VICE. Baker said that he never worked for MPD.
Perry asked if Baker was at the scene trying to arrest Nichols on the night he was beaten. He was not.
Perry argued that the officers did not know anything about Tyre Nichols or his strength on the night in question. Baker testified that he did not investigate Nichols as to his strength, why he would want to run, or why he would want to resist being handcuffed.
Baker testified that Nichols was actively resisting and that he wasn't at the scene to tell how difficult it could have been to take him into custody.
Wednesday, April 30, 3:58 p.m. - Defense attorney for Justin Smith redirects TBI Agent Charles Baker
Defense attorneyMartin Zummach said that Baker had to look into why Nichols was involved with police that night. Zummach argued that one of those reasons could be that Nichols had illegal items in his car and was attempting to get away.
Wednesday, April 30, 3:44 p.m. - Prosecution cross-examines TBI Agent Charles Baker
Lead Prosecutor Paul Hagerman began cross-examining TBI agent Charles Baker who was the lead agent in charge of the Tyre Nichols case.
Baker explained that the case began as an aggravated assault case because, when the investigation started, Nichols was still alive. It became a murder investigation when Nichols died.
Memphis Police did not investigate the case because it was "such a serious issue," Baker said. Baker said that 99 percent of the time, the TBI is called in to investigate such cases. Police typically call the district attorney and the district attorney then calls the TBI to investigate.
Baker again said that he was out with COVID for the first several days of the case.
Hagerman asked Baker if the Shelby County Medical Examiner's Office had a role in the investigation. They did. Baker said that TBI agents were in contact with them in the early days of the investigation.
Baker testified that the medical examiner's office also got hospital records. They have full access to the records, without subpoenas. They have the ability to directly obtain the hospital samples. Baker said that he later became aware that Dr. Ross, who performed the autopsy, had already obtained the samples. Baker said that he spoke to Dr. Ross about his impressions of the autopsy. He told Baker that his initial impressions were that it was a homicide due to trauma to the head. Baker said that Dr. Ross sent off samples of Nichols' brain to a specialist in New York. "It's a much more comprehensive exam," Baker said.
Baker testified that the TBI wanted to obtain all the video they possibly could, including body-worn cameras, and any sort of pole cameras. Baker said that the Memphis Police Department is not supposed to be doing their own investigation once the TBI is involved. MPD turned video over to the TBI. Baker said one video in particular got everyone's attention. That was the video that captured the "major incident, the reason why we're here basically," Baker said.
Baker described the video as pretty rare to get and "kind of accidental."
After seeing that video, Baker said he believed there was criminal conduct on behalf of the officers that needed further investigation. Due to the kicks to the head, kicks on the ground, punches to the head and lack of information given to medical personnel, Baker said he determined that the case needed further investigation.
Hagerman asked if he was still interested in investigating after the TBI discovered 1.77 grams of "mushroom material" in Nichols' car. Those mushrooms were found in Nichols' trunk, Baker said. "Did y'all say, 'Hey, he had some mushrooms in his car. Let's forget this whole thing.'" Hagerman asked. "That's not how we operate," Baker responded.
Baker said the identification and cards found in Nichols' car did not have any bearing on what he was asked to investigate. "I was not asked to investigate stolen credit cards or the contents of that vehicle," Baker said.
"Just because you have some mushrooms in your car, what happens next to you is still a crime, correct?" asked Hagerman. Baker agreed.
Hagerman also pointed out that the officers involved did not know about the credit cards or drugs. Those were only discovered later by the TBI.
Hagerman continued discussing psilocybin mushroom, saying that the mushrooms found weighed a little more than the weight of a dollar bill. Baker said that, years ago he did arrest someone in possession of psilocybin mushrooms. That person had a large amount, a "gigantic bag."
"The guy with a gigantic bag, did he have superhuman strength?" Hagerman asked. "No, little bitty guy," Baker said. Hagerman asked if Baker ever arrested someone with marijuana and under the influence of marijuana. Baker said he did. Hagerman asked if any of those people had super human strength. "Not one time," Baker said. "Very peaceful."
Hagerman ended his questioning.
Wednesday, April 30, 3:34 p.m. - Demetrius Haley's attorney questions TBI agent
MURDER TRIAL DAY 3: First witness to take the stand is Derek Miller, a special agent with the TBI. He is the specialist who examined Demetrius Haley’s phone the night #TyreNichols was beaten. His findings were Haley shared a photo of Tyre’s beaten body up to 11 times that night. pic.twitter.com/ZcHFKJi0EY
— Kayla Solomon (@KSolomonReports) April 30, 2025
Michael Stengel, defense attorney for former officer Demetrius Haley, began questioning Charles Baker, TBI agent who was the lead case agent in the Tyre Nichols case. Stengel pointed out that the video apparently showing Nichols walking in between cars was taken after Nichols ran from the original traffic stop and before the beating at the second scene.
Stengel mentioned that the TBI searched Nichols car and that items were collected. Stengel then gave Baker several photos. Baker said those photos showed items taken from Nichols' car as part of the investigation.
Those photos were of credit and debit cards found in Nichols' car. There was a picture of a Visa card that was found in Nichols' car. There was also a learner's permit found in Nichols' car, along with a MasterCard and a high school identification.
Baker said that, to his knowledge, those items were returned to Nichols' family.
Stengel brought up testimony from Baker that boots were seized from six officers. Those boots were submitted to the TBI to be tested. As the lead case agent, Baker received a forensic biology report, the result of the DNA testing related to the case. That included the boots seized from the officers.
Stengel then pointed out Baker's testimony that psilocybin mushrooms were seized from Nichols' car, that they were not returned to the family and that they were sent off for testing.
Baker said the mushroom material was sent to the lab for testing. It came back positive for 1.77 grams. Charred residue came back positive for marijuana. Plant material sent off for testing came back for marijuana and a "burnt material" came back positive for marijuana.
Stengel ended his questioning.
Wednesday, April 30, 3:11 p.m. - Defense for Tadarrius Bean questions TBI agent
John Keith Perry, the defense attorney for Tadarrius Bean, began his questioning of TBI Special Agent Charles Baker.
Baker testified that the SkyCop videos were reviewed by different agents.
Perry asked about questions about whether or not Baker paid attention to the conduct of Nichols. Baker agreed that Nichols' conduct would have been important to the investigation and that those things are a part of the investigation file. "We would look at the whole case, but our job was that we were asked to look at the actual assault. So, we would look at it. But that was not the end goal of our investigation," Baker said.
Perry asked about the video that apparently showed Nichols ducking behind cars. Baker said, "Once I saw that with my own eyes. I contacted Mr. Hagerman and said this is an issue. I need to do a supplemental report because that's the right thing to do," Baker said.
Baker said that, in order to write a report, he'd have to see what was on the video and that he doesn't write a report just because a defense attorney asks him to look at something.
Perry emphasized that Baker thought the video was important enough to write a report. "Did you make a note in your file regarding a particular point in the video that seemed to look different about the back of a vehicle after Mr. Nichols walks off of the screen in the video?" Perry asked. Perry spoke about two vehicles that were parked during the video. Perry said there was a vehicle in front, that Nichols walked in between that vehicle and another vehicle, and that he eventually walked off screen. "Does the condition of that westmost-facing vehicle appear to have an instrument placed at the bottom of it?" Perry asked.
Baker said that when Nichols walked to the west, you could see a light change. He believes that to be a motion light that caused a reflection that looks like an object. "Once you look at that video, it's a glare, not an object," Baker said.
Perry then displayed the video that apparently showed Nichols walking between cars. Baker said he's never been to the street in person. Perry paused the video at a point when Nichols walked behind a vehicle. Perry then paused the video at another point. No motion sensor had been triggered at this point. Perry paused the video at another point after a vehicle drove by. No motion sensor had gone off. Perry paused the video again when Nichols appeared on screen. Nichols was behind a minivan. Baker then had the video stopped at a moment when a light came on. Perry had the video paused and rewound the video to the moment where, Baker believes, a light popped on.
In the video, two cars can be seen driving in opposite directions down the street seconds apart. Perry pointed out that no light appears until Nichols walks past the vehicle. Perry said, "There appears to be an object at the bottom of that vehicle." Baker countered that it appeared that a light went on.
Baker's argument is that the light on the back of the car was a reflection based on a motion-sensor light, implying that Nichols went into a yard and caused the sensor to go off. Perry asked if Baker would admit that there is a reflection on the back of the vehicle. Baker said yes and that two vehicles had passed at that point. Perry asked if Baker saw a dot on the back of the vehicle. Baker said he does. Perry asked if Baker saw a dot on the back of the vehicle. Baker said he does.
Baker testified that all the videos turned over was important and that he does not know of anybody going to that area to canvass the area and look for a motion sensor. Baker also said that he is not aware of anyone going to that area to look for drugs, credit cards or any other items.
Wednesday, April 30, 2:43 p.m. - Charles Baker, special agent with Tennessee Bureau of Investigation, questioned by Smith's attorney
Charles Baker of the Tennessee Bureau of Investigation said that he has been involved in between 50 and 60 murder investigations during his time with the TBI. Baker told Martin Zummach, defense attorney for Justin Smith, that he has investigated about 60 incidents regarding officers critically injuring a suspect during his time with the TBI.
Baker said that he was the case agent, or lead investigator, on the Tyre Nichols case. Baker testified that the case was opened at the request of the Shelby County District Attorney. This is common with incidents when law enforcement may have killed or critically injured a suspect.
Baker said that request from Mulroy was given "the day after" or "the early-morning hours" of the date of the incident.
Baker explained that he had COVID at the time of the Nichols beating but that there was a TBI agent there representing the agency on the night of the beating.
Zummach said that he subpoenaed Baker.
Baker said that, in his experience, photos of officers involved are always taken along with DNA swabs. Baker testified that the officers' boots were taken for testing, DNA analysis, and print analysis.
Zummach asked if TBI agents canvassed the area for cameras. Baker said they did and that they reviewed the security footage from the SkyCop at Castlegate and Bear Creek. That's the video that captured the beating of Nichols. Baker said that the TBI got that video from the Real Time Crime Center.
Baker said that the TBI also gathered video from other pole cameras, body cameras, and in-car cameras.
Zummach asked if Baker recently became aware of a pole camera that he was previously not aware of. Baker said that's correct. It was in his file but he was not previously aware of it. That video, according to Baker, showed a pole camera on a street where cars were parked. You could see cars going down the street and at one point you can see someone go behind a vehicle, come out, go back behind it and then walk out of the frame. Baker said the original report indicated that there was nothing of importance on it.
Baker said he believes the person in that footage was Tyre Nichols.
"So, two years after this happened, the lead case agent on this case is becoming aware for the first time of someone looking like Tyre Nichols captured (on the pole camera)?" Zummach said. Baker agreed.
Zummach asked if the TBI made any effort to get toxicology reports from Tyre Nichols in the days following the beating. Baker said he believed so, but he was unsure.
Baker said he was told about five or six days after the beating that he would be the lead case agent. Zummach asked if Baker or the TBI knew that on the night in question multiple narcotics officers believed that Nichols was under the influence of narcotics. "I can't tell you how they felt because I wasn't there," Baker said.
Baker said that there were so many body cameras taken from the officers that they were given to different officers. He does not know if TBI agents were at the scene looking at body cameras the night of the beating.
Zummach asked about a search warrant issued by Baker regarding the contents of Nichols' car. Baker said illegal drugs were found in Nichols' car, along with psilocybin mushrooms. Baker said that credit cards were found in Nichols' car. Those cards were not in Nichols' name.
Zummach asked if Baker coordinated with MPD and lead prosecutor Paul Hagerman to return items to the family of Tyre Nichols. Zummach asked if that was customary. Baker said, "If the district attorney asks me to do it, we do it... I was just asked to return the car and the contents to the Nichols family."
Zummach argued that those contents included credit cards belonging to other people.
"Can you explain or justify how that card was given to the Nichols family?" Zummach asked. Baker explained that TBI agents were requested to work the case of an aggravated assault that turned into a homicide. There was no mention of stolen debit cards. Zummach asked who that aggravated assault was on. Baker said it was an aggravated assault on Nichols.
"As the case agent in charge of this investigation, did it cross your mind at any point to get original blood and urine from Tyre Nichols?" Zummach asked. Baker said that, by the time he took the case, Nichols had died. They got the toxicology report from the hospital. Zummach asked if Baker would have requested blood and urine from Nichols while he was alive. Baker said he would have requested the toxicology report from the hospital.
Zummach introduced a subpoena for the medical records from St. Francis Hospital into evidence. That subpoena was issued by the TBI.
Zummach asked if that subpoena return included blood and urine samples. Baker said he'd have to look at the medical records.
Zummach asked how many TBI agents were working the Nichols' case while Baker was out with COVID. Zummach then named three agents. Baker said, all together, at least 10 agents probably worked on the Nichols case.
"The TBI was investigating these cops alleged aggravated assault on Tyre Nichols, and that investigation was with the end goal in mind of prosecuting these officers for that alleged aggravated assault, is that right?" Zummach asked.
Baker said he wouldn't call it an end goal. The role of the TBI is to gather the facts of the case. The TBI is not a charging agency. Zummach pointed out allegations that Nichols fought with police and that Nichols was under some sort of drug. Zummach asked if Baker and the TBI looked into that.
"Yes, sir. But based on our review of video footage and based on everything else, it appeared that that didn't occur," Baker said of allegations that Nichols had an abnormally high pain threshold that night.
Zummach asked if Baker thought he would be able to put the attorney's hands behind his back if he didn't want to comply. "It's always a fight," Baker replied.
Wednesday, April 30, 2:43 p.m. - Witness tendered
The prosecution did not question the Arlington woman who had her credit cards reportedly stolen.
Wednesday, April 30, 2:43 p.m. - Demetrius Haley attorney questions theft victim
Kelli Rodgers said that she never met Tyre Nichols.
Wednesday, April 30, 2:41 p.m. - Tadarrius Bean attorney questions witness
John Keith Perry, attorney for Tadarrius Bean, began questioning Kelli Rodgers of Arlington. Rodgers said that, prior to two weeks before the trial, nobody had contacted her about taking part in the trial.
Wednesday, April 30, 2:36 p.m. - Justin Smith defense presents first witness
Martin Zummach, defense attorney for Justin Smith, called his first witness. That was Kelli Rodgers of Arlington. She said that on October 31, 2022 she began getting alerts that her card was being used fraudulently.
Rodgers said she reported her stolen credit cards to the Shelby County Sheriff's Office. She only found out where that card was two weeks before the murder trial, Rodgers said. She said that Zummach was the first person to tell her that her card had been found. She was never informed by any law enforcement agency, she said.
Zummach ended his questioning.
Wednesday, April 30, 2:17 p.m. - Where are defense witnesses?
John Keith Perry, attorney for Tadarrius Bean, said that his witnesses won't be available until Thursday morning.
Michael Stengel, representing Demetrius Haley, said that they plan on putting former MPD officer Preston Hemphill on the stand today. They have other witnesses who can take the stand as early as Thursday.
Martin Zummach, attorney for Justin Smith, told the judge that his witnesses depend on whether or not they can be called out of order.
Wednesday, April 30, 2:12 p.m. - Judge Jones denies acquittals
In a common move, defense attorneys for Tadarrius Bean, Demetrius Haley, and Justin Smith argued motions to acquit their clients due to lack of evidence given by prosecutors to uphold the indictment. Judge James Jones denied all motions for acquittal. #TyreNichols
— Kayla Solomon (@KSolomonReports) April 30, 2025
Judge Jones ruled that a reasonable jury, looking at all the evidence and proof in a light most favorable to the state, could find the defendants guilty on all charges.
Wednesday, April 30, 2:06 p.m. - Haley's defense responds
Michael Stengel, defense attorney for Demetrius Haley, again argued that his client, former officer Demetrius Haley, was not present for the kicks or punches to Nichols' head.
Wednesday, April 30, 2:01 p.m. - Prosecution responds to acquittal requests
Lead prosecutor Paul Hagerman said that the defendants are not charged with first-degree murder, implying a plot to kill Nichols.
Hagerman argued that defense attorneys are ignoring the video showing "five Memphis Police officers beating a man to death."
"Emmitt Martin delivered the worst blows, no doubt about it. But this jury can find that these defendants assisted on it," Hagerman said.
Hagerman argued that Bean and Smith pressed Nichols down while Martin kicked Nichols in the head and that their faces were "less than half a foot away from Tyre's" when Nichols was hit in the head. "Not a single time, not one said, 'Stop. Don't do that'," Hagerman said. "They're Memphis Police officers. They had to do something. Instead, they watched it happen right in front of their face."
Hagerman argued that the officers then never mentioned the head trauma Nichols suffered.
"We can clearly hear that nobody ever says stop... They say, 'He must be on drugs or something.' From that proof, a reasonable jury can find the defendants guilty on all counts," Hagerman said.
Wednesday, April 30, 1:56 p.m. - Defense for Justin Smith asks for acquittal
Martin Zummach, the defense attorney for former officer Justin Smith, asked a judge to acquit charges against his client.
"The proof is woefully short of even being presented to the jury. The state only presented one witness who was at the scene. That was Officer Mills, and he didn't see a good bit of the action to intervene himself. There's been no proof, other than grainy video, of what went on that night," Zummach said.
Zummach said that former officer Mills testified that Nichols was "out of control" and that the arrest of Nichols was the hardest arrest he'd ever made.
"We have to concede that the arrest was lawful. In order to make the arrest, you have to handcuff the suspect and search him, and that wasn't done until they could get Mr. Nichols under control. Policing is very rough-looking. All of us in this courtroom realize that policing is dirty, dirty work, and it looks violent. But that does not make it criminal at all. So, in our minds and in our hearts, we know that Justin Smith did not break any laws at all."
Zummach then argued that Smith was the only one to call for medical help for Nichols.
"There has been no proof provided by the state at all that Justin Smith has violated any laws," Zummach said.
Wednesday, April 30, 1:47 p.m. - Haley's defense attorney ask for acquittal
Michael Stengel, defense attorney for former officer Demetrius Haley, argued that there is no proof for the jury to consider that Haley killed Nichols.
Stengel echoed Perry's arguments (see below) and noted that the evidence points to Martin killing Nichols. Stengel said that Mills's testimony made clear that Martin's initial kicks occurred before Haley arrived at the scene and that all of Martin's punches to Nichols happened before Haley arrived.
Stengel pointed out that, according to testimony from Dr. Ross, who performed the autopsy, those injuries killed Nichols.
"The state has to be pursuing these charges based upon confinement, and there is absolutely no evidence of an unlawful confinement," Stengel said of the aggravated kidnapping charges.
Stengel pointed out that, after Nichols ran, they had a lawful basis to detain and confine him. "It was a lawful traffic stop. From there, he resisted arrest, and he fled. Once he was seen again by law enforcement performing their public service, at the mere introduction, 'Hey,' he took off again. They had a reason to detain and confine him," Stengel said.
Stengel then addressed the argument that the officers did not provide helpful information to medical personnel. The attorney argued that all of the blows Nichols suffered occurred before Haley arrived.
"We're here in this courtroom two years later with 20/20 hindsight, watching a lot of video and putting it together. When Demetrius Haley arrived (at the scene) and saw Mr. Nichols was not detained at that point, he used a hard-hand technique, trained at the academy, a single leg strike in the upper arm of a muscled area. It was proper. It did not cause any trauma to the head, and Mr. Haley had absolutely no knowledge of what occurred prior to his arrival," Stengel said.
Haley's attorney said that the former officer had no idea what occurred before he arrived. "He couldn't know that anything was going on other than officers needing help detaining a person resisting arrest," Stengel said.
"Also, as the video shows, roughly within one minute after Mr. Haley uses that trained hard-hand technique, the leg strike, he's on the radio to dispatch...calling for an ambulance," Stengel said.
Wednesday, April 30, 1:37 p.m. - Defense attorney for Bean asks for acquittal
Tadarrius Bean's defense attorney, John Keith Perry, asked Judge Jones to acquit his client on charges related to Tyre Nichols' murder. This is standard procedure during a trial after the prosecution has rested its case.
Perry argued that Bean did what he was supposed to do as a police officer on the night Tyre Nichols was beaten. Perry argued that Bean attempted to take Nichols into custody consistent with his training.
Bean's attorney also argued that Bean did not know Nichols the night before the beating and therefore did not conspire to attack Nichols. Perry stated that, according to testimony from former officer Desmond Mills, Mills hit Nichols with his baton according to his training; therefore, Bean wouldn't have any reason to think the blows would kill or severely injure Nichols. Perry also brought up testimony from Mills that Bean had a duty to hold onto Nichols' arm because Nichols had one handcuff on and a free hand.
Perry argued that there was no testimony that Bean's actions went toward causing injury to Nichols. Perry claimed that video showed the beating stopped when handcuffs were placed on Nichols. Perry said that Bean helped sit Nichols up so that he could breathe following the beating. Perry stated that Bean ran 80 yards with 40 pounds of equipment and then fought with Nichols even after Bean was hit with pepper spray. Perry said that, despite that, Bean still thought to help Nichols sit against the car. "That is not a person that is trying to cause injury or in any way do anything improper to Mr. Nichols," Perry said.
Regarding kidnapping, Perry claimed that Bean believed Nichols to have been involved in felonious activity and that Bean had already overcome officers. "Mr. Bean does not have the luxury in retrospect to say, 'Hey, we don't need to try to apprehend this suspect,' Perry said.
Perry argued that Dr. Ross, who performed the autopsy on Nichols, can not testify to homicide—whether or not the homicide was justified or not. Perry said that Emmitt Martin delivered the blows that killed Nichols and that there has been no testimony that Martin delivered commands to his fellow officers to kill Nichols. Perry argued that there is no evidence claiming that the officers had a conversation about finding a suspect or regarding Martin's mental state. Previous testimony in the federal trial relayed that Martin was feeling homicidal prior to the beating.
"There has been no testimony that should take this case out of the purview of this court and put it in the purview of the jury," Perry argued. "I know that this is a rare occurrence... But there is (no) evidence that they should be able to consider as a jury that should be able to say whether this man should be considered guilty or not guilty," Perry said.
Wednesday, April 30, 12:02 p.m. - Lunch break
The court is in lunch until 1:30 p.m. CST. Defense attorneys will begin presenting their cases when court resumes.
Wednesday, April 30, 11:36 a.m. - State rests case
The state rested its case. Judge Jones allowed a recess so that defense attorneys may contact their witnesses. The prosecution called forth five witnesses, including Tyre Nichols' mother, former officer Desmond Mills Jr., a record keeper for the Memphis Police Department, a cybercrimes investigator with the Tennessee Bureau of Investigation, and the doctor who performed the autopsy on Tyre Nichols. Defense attorneys will be able to present their cases when court resumes.
RELATED: Legal analyst chimes in after prosecutors take two days to rest case in Tyre Nichols murder trial
Wednesday, April 30, 11:32 a.m. - Prosecution's redirect of Dr. Ross
Prosecutor Headley asked Dr. Ross about psilocybin. Dr. Ross explained what that is and that the samples collected in this case were taken in the same manner as any other case.
Wednesday, April 30,11:25 a.m. - Cross-examination of Dr. Ross by Martin Zummach, defense for Justin Smith
Zummach pointed out that the blood and urine originally drawn from Nichols was for the purpose of medical treatment, not a criminal investigation.
Dr. Ross said that the records do not appear to document when he requested blood and urine. "Is it important in your field, if you're going to have analyzed blood and urine, that the blood and urine be fresh?" asked Zummach. Dr. Ross said that it must be preserved. If not, the samples could break down. Zummach then argued that Dr. Ross does not know how or if the blood and urine were preserved.
Zummach argued that the Tennessee Bureau of Investigation inventoried Nichols' car on January 11 and that Nichols was not originally tested for psilocybin. Dr. Ross said that they ordered an expanded panel. Zummach argued that the expanded panel, which would have tested for psilocybin, was not ordered until after January 11.
Zummach then asked when the hospital's file was created. "Can we at least assume that you did not have the blood and urine of Tyre Nichols before January 11?" Zummach asked. Dr. Ross said that was correct.
Zummach asked when the autopsy was completed. Dr. Ross said the afternoon of January 11. Zummach then argued that the autopsy was certified more than three months later.
Wednesday, April 30, 11:21 a.m. - Cross examination of Dr. Ross by Haley's attorney
Stephen Leffler, attorney for former officer on trial Demetrius Haley, asked Dr. Ross about Nichols' wounds and if they were "healing" wounds. Dr. Ross said you can make general observations about when the wound was inflicted.
Dr. Ross said the wounds would be consistent with wounds in their fourth day of healing. Leffler then addressed Nichols' cracked tooth. Dr. Ross testified that he could not look at a picture and tell when that tooth was cracked.
"Could've been a week before, could've been a month before?" asked Leffler. Ross said, "Yes."
Leffler addressed the manner of death being homicide and the cause of death. Leffler asked if the first step in the cause of death for Nichols was trauma to his head. Dr. Ross said it was. Leffler asked Dr. Ross about the blows Nichols can be seen taking to the head in the video and if the trauma in the brain would be consistent. Dr. Ross said it would be. Leffler went over the fact that the brain would then swell and restrict blood flow to some areas of the brain. Leffler went over that blood contains oxygen and that organs need oxygen to survive. Dr. Ross testified that the only cause of death was the blows to Nichols' brain.
Wednesday, April 30, 11:15 a.m. - Cross-examination of Dr. Ross by Bean's attorney
John Keith Perry, defense attorney for former officer on trial Tadarrius Bean, was the first to cross-examine Dr. Ross, who performed the autopsy on Nichols' body. Perry asked Dr. Ross if he tested forpsilocybin, the ingredient found inhallucinogenic mushrooms.
Perry asked if psilocybin gets out of the blood faster than THC. Dr. Ross said he didn't know, but it should have still been present in the blood. Perry ended cross-examination.
Wednesday, April 30, 9:53 a.m. - Prosecution's next witness, doctor who performed autopsy
Dr. Marco Ross took the stand. Ross works for the West Tennessee Regional Forensics Center. He is the chief medical examiner and forensic pathologist. He oversees the operations of the center and directs the activities of staff.
Ross said that he performs autopsies. Ross said they first begin by looking at signs of disease or injury and then look inside of the body for evidence of disease or injury. Ross said he's performed about 5,000 autopsies during his career.
Nobody objected to Dr. Ross being classified as an expert in his field.
Ross said that, during his conducting of an autopsy, he makes notations on diagrams. He also takes photographs. Each autopsy is given a unique, identifying number. Prosecutor Melanine Headley brought Dr. Ross's attention to the autopsy of Tyre Nichols.
Headley showed Dr. Ross several documents related to Nichols' autopsy. Headley introduced into evidence the medical examiner's report of Nichols' death. Dr. Ross said that he and another person performed the autopsy on Nichols' body.
Headley showed Dr. Ross a photo showing the face of Nichols taken at the autopsy. Headley introduced that photo into evidence. Ross said that photo accurately shows Nichols on January 11, 2023, the day after he died.
Dr. Ross said he did the external examination of Nichols. He said that he looked over the surface of the body to look for any abnormalities. He said several were found. Headley pointed out a diagram labeled "external evidence of injury."
Dr. Ross said the diagram documents the locations of abrasions or scrape marks on the body, along with the locations of bruises. There were cuts to the right side of the case, atop the left and right shoulders, over Nichols' chest, on Nichols' knees, and on Nichols' fingers. There was evidence of bruising on Nichols' forearms, upper arms, abdomen, and neck.
Headley then allowed Dr. Ross to see photos showing a scrape and bruising on the right side of Nichols' face. Another photo showed a broken tooth in Nichols' mother. The next photo showed a cut on Nichols' left elbow. The next photo showed cuts on Nichols' right knee. The next photo showed a cut to Nichols' left knee. The next photo showed cuts to Nichols' right hand. The next photo showed cuts to Nichols' right shoulder. The next photo showed cuts to Nichols' left shoulder.
The jury then saw pictures of bruising to Nichols' face. One photo showed a broken tooth inside Nichols' mother. Another photo showed a cut to Nichols' left elbow. A photo showed cuts to Nichols' right knee. Another photo showed a cut to Nichols' left knee and to the knuckles on Nichols' right hand. Dr. Ross then showed the jury a photo of cuts to Nichols' right shoulder and left shoulder.
Dr. Ross pointed out that the autopsy report stated that Nichols weighed more at his autopsy due to the amount of fluids administered to him medically during his hospitalization. "During his stay in the hospital, the records showed that he had received approximately 25.5 liters of fluid but had only put out about four liters of fluid. So, he's got an excess of 20.5 liters of fluid in his body. So that's how much fluid is retained by his body that is not excreted by the body. That amount comes out to about 5.7 gallons. That's about 40 pounds," Dr. Ross said.
Dr. Ross then spoke about the examination of Nichols' head and neck. He said it showed that there were some injuries of some scalp tissues and skull tissue. Dr. Ross said there was blood under tissue in both regions. He also mentioned a hemorrhage to a muscle on the right side of Nichols' head.
In looking at Nichols' brain, Dr. Ross noted bruising. He said that injuries and hemorrhages were found inside the brain tissue. The most significant was a large area of tearing of the brain tissue on the left side of the brain. That extended into the deeper structures of the brain on the left side. "We also noted a small area of tearing on the right outer part of the brain, as well, also with hemorrhage in that region," Dr. Ross said.
Dr. Ross said that his team took a closer look at the injuries to the brain tissue and could see injuries to the brain cells. The parts he's referring to are called axons. Axons send signals from the brain to other parts of the body. Injuries to the cell can disrupt those axons. Dr. Ross said Nichols had evidence of injuries to axons in multiple parts of his brain. Dr. Ross testified that they could determine if the axons were injured by trauma or lack of blood flow. Dr. Ross said there were multiple areas of "clear, traumatic axonal injury."
Dr. Ross said these injuries, with twisting and tearing in the skull, are most commonly seen in people involved in car accidents or in people who have fallen from a great height. Dr. Ross testified that the injury is commonly seen in car crash victims due to the body being restrained and the force of a crash.
Dr. Ross said that he reviewed the SkyCop video. Prosecutor Headley then played the video for Dr. Ross and the jury. Dr. Ross said the injuries he found during the autopsy were consistent with what he saw on the video. Dr. Ross said, primarily, the blows Nichols received to the back and arms were consistent with those injuries. Regarding the impacts to the head, Dr. Ross said the kicks and punches caused direct impact to the brain, which could lead to bruising to the brain surface. Some of those blows caused the head to twist, leading to the injuries he noticed inside Nichols' brain, Dr. Ross said.
Dr. Ross said that he reviewed the SkyCop video. Prosecutor Headley then played the video for Dr. Ross and the jury. Dr. Ross said the injuries he found during the autopsy were consistent with what he saw on the video. Dr. Ross said, primarily, the blows Nichols received to the back and arms were consistent with those injuries. Regarding the impacts to the head, Dr. Ross said the kicks and punches caused direct impact to the brain, which could lead to bruising to the brain surface. Some of those blows caused the head to twist, leading to the injuries he noticed inside Nichols' brain, Dr. Ross said.
Dr. Ross said that Nichols was in a coma even though his heart was restarted. He was eventually pronounced brain dead.
Headley then questioned Dr. Ross about the toxicology report done on Nichols. Dr. Ross said those samples are usually taken when a patient enters the hospital. Dr. Ross said that Nichols tested positive for alcohol, caffeine, nicotine, Narcan, a Valium-type drug, and an anti-seizure drug. That Valium-type drug, anti-seizure drug, and Narcan were administered by medical professionals. Dr. Ross said that THC was found in Nichols.
Dr. Ross said Nichols suffered blunt force injuries to the head and neck, rotating tears to the brain, swelling to the brain, and a lack of oxygen to the brain due to swelling. There were also blunt force injuries to the torso of Nichols' body and some hemorrhages to the chest and back. Dr. Ross also pointed out damage to Nichols' liver tissue, damage done by a lack of blood flow due to cardiac arrest. Dr. Ross noted excess fluid in the lungs, which can be brought on by a resuscitation following cardiac arrest.
Dr. Ross said the alcohol level in Nichols was .049, below the legal limit. That sample was taken at 11 p.m. on the night Nichols was beaten. Another sample, taken a few hours later, showed no alcohol in the blood. Dr. Ross said the levels of THC in Nichols' blood showed typical recreational use of marijuana.
Dr. Ross said that Nichols went into cardiac arrest on the scene and that his organs began to fail following that cardiac arrest.
Based on his findings in Nichols' autopsy, Dr. Ross said the cause of death was blunt force injuries to the head. "The manner of death was certified as a homicide," Dr. Ross said.
Wednesday, April 30, 9:47 a.m. - Prosecution's next witness, MPD record keeper
Rodresha Mackey took the stand, called by prosecutor Tanisha Johnson. Mackey works for the Memphis Police Department. Mackey explained what an oath of office is and that it's given upon graduation from the police academy.
Mackey presented the oaths of office for former officers on trial Tadarrius Bean, Demetrius Haley, Justin Smith, and Desmond Mills Jr.
Those oaths of office state that each officer swore to uphold the laws and constitutions of the United States and the State of Tennessee. Prosecutor Johnson read those oaths, all signed by each respective officer, to the jury.
Johnson ended the questioning. No defense attorneys cross-examined.
Wednesday, April 30, 9:45 a.m. - Prosecution redirect of TBI Investigator
In redirect, lead prosecutor Paul Hagerman asked if Haley had a contact list from Nichols' phone. TBI cybercrimes investigator Miller said that he did. He read out a list of names, including several with "MPD" before the name. One of those was "MPD Smith OCU."
Hagerman ended his redirect.
Wednesday, April 30, 9:38 a.m. - Demetrius Haley attorney cross-examine
Michael Stengel, lead defense attorney for Demetrius Haley, began cross-examining TBI Investigator Miller.
Stengel said that the "MPD FOX AUSTIN PEAY" in the phone could be anybody. Miller agreed. Stengel asked Miller if he investigated who were the recipients of the text messages in Haley's phone. Miller said he did not do that in his role.
Stengel pointed out that the first photo, at 8:43 p.m., was between Haley's phone and two other people. Stengel asked if some of those texts were sent to other people identified in the phone as "MPD (somebody)." Miller said that's correct.
Stengel asked if Miller was able to determine that "MPD FOX AUSTIN PEAY" referred to the Memphis Police Department. Miller said he was not. Stengel pointed out that some people in those text conversations had questions about the photo and that Haley responded that Nichols had grabbed his partner's gun. Miller said that was correct; Haley's phone said that.
Miller testified that he also examined two other phones in connection with this case. One of those phones belonged to Tyre Nichols. Miller testified that, when examining Nichols' phone, he was focused on GPS location at the time of the beating. Miller said that he plotted out a chart of the GPS locations. Stengel asked if several of the dots on that chart were at Ross and Raines. Miller said he wasn't sure.
Stengel entered that chart into evidence. Miller said, with respect to those GPS locations, he gave two maps of GPS locations and all of Nichols' phone content to the investigator who gave it to him. Miller said that none of Nichols' text messages were in his report. Miller said that he does not recall examining the contacts in Nichols' phone. "Everything in the phone was given to the investigator, who is more familiar with the case than I am for that reason because I don't know what's relevant to the case," Miller said.
Miller said that report was given to Charles Baker, and that's who received Miller's report and the contents of Nichols' phone. Miller said he did not make any reports on contact names, social media, online purchases, or anything of that nature.
Wednesday, April 30, 9:13 a.m. - First witness of Day Three, TBI Investigator
Derrick Miller of the Tennessee Bureau of Investigation was the first witness called by the prosecution on Day Three.
Miller is a cybercrime specialist with a specialty in extracting cell phone data.
Lead prosecutor Paul Hagerman then played the SkyCop video showing the moments Tyre Nichols was beaten.
Miller pointed out a moment in the video when someone shined a light on Nichols and then leaned over him with a phone in his hand. Miller testified that the phone in question belonged to Demetrius Haley. Miller said that the TBI confiscated Haley's iPhone and that he provided his passcode.
Miller said everything on your phone is stored in the "full file system." When you delete something, Miller said the deleted item is still in the phone's full file system. Miller said they were able to extract everything from the phone's file system. Miller said he found an Apple Live photo, and Hagerman showed him a picture of that photo. Miller testified that the photo was taken by a phone that matches the make and model of Demetrius Haley's iPhone. Haley is one of the three defendants on trial.
Miller said phones take a picture, store them in "Folder A," and if you send that picture in a text, the phone then files that picture in "Folder B." Miller testified that the picture on Haley's phone was not found in his photos, assuming it had been deleted from his Photos folder. Miller described "Folder B" as an SMS folder. Miller said SMS, or text messages, have their own bucket. Miller said that the only way a photo gets into that folder is by sending it as a text message.
Miller said that metadata in the phone showed it was taken at 8:40 p.m., consistent with the SkyCop video. Miller testified that there was evidence that the phone was sent to other people. Based on the number of files in "Folder B," Miller said it appears the photo was shared at least 11 times, though he found conversations with eight people regarding the photo. Miller testified that the photo was first shared between two and three minutes after it was taken. The phone also shows the photo was shared multiple times at 9 p.m., multiple times in the 10 p.m. hour, and just after 11:15 p.m.
Miller testified that the TBI retrieved a text message thread from Haley's phone. That conversation was with someone named "MPD Fox." Miller said the first message between them was Nov. 16, 2022, and the last message was Jan. 8, 2023. In all, they exchanged 83 text messages.
Miller said, on Jan. 8 at 12 p.m., there was a message sent. In that conversation, MPD Fox Austin Peay said, "Who beat dude up last night?" Haley's phone responded, "Us," Miller testified. Fox says, "They relieved some folks fr." Haley's phone said, "Yeah, six of us." Fox said, "Damn, I don't understand why, though." Haley said, "It's just procedure, I guess. Idk." Fox told Haley's phone, "(Expletive) stupid. This city needs y'all frfr." Haley's phone responded, "Appreciate it, bro."
Hagerman ended his questioning.
Wednesday, April 30, 9 a.m. - Day Three begins
Trial resumed at 9:10 a.m.
Wednesday, April 30, 5 a.m. - Day 2 recap
Testimony is expected to continue in the Tyre Nichols murder trial. A new witness will be on the stand today — after former MPD officer Desmond Mills Jr. wrapped up Monday afternoon. It was a part of his plea agreement with prosecutors.
Most of the questions from the state were to explain the chaos the night of Nichols' beating. Defense attorneys did their best to use what Mills has said before about what happened and his guilty plea against him.
Mills described responding to a scene where Nichols had been pepper-sprayed and tased but was still able to get away. He acknowledged hitting Nichols three times with his baton while Nichols was on the ground, but he said he didn't know the extent of the kicks and punches his fellow officers landed on Nichols because there was pepper spray in his eyes.
Deputy District Attorney Paul Hagerman showed Mills several minutes of body camera and Skycop videos to identify who was saying what on the scene.
Tuesday, April 29, 5:43 p.m. - Jury excused for the day
Judge Jones excused the jury just before 5:45 p.m. Trial is expected to resume at 9 a.m. CST on Wednesday.
Tuesday, April 29, 5:42 p.m. - Re-cross by Martin Zummach
Martin Zummach, attorney for Justin Smith, asked Mills if it was possible that Justin Smith didn't see some of the punches or kicks to Nichols. Mills said he supposed that was possible.
Demetrius Haley was excused after an entire day of testimony.
Tuesday, April 29, 5:41 p.m. - Re-cross by Michael Stengel
Stengel pointed out that Mills did not see Emmitt Martin's kicks to the head of Tyre Nichols. Stengel pointed out that Demetrius Haley was not present when those kicks occurred.
Stengel addressed Martin punching Nichols. "All of them occurred before Demetrius Haley arrived, correct?" Mills said that was correct. Stengel said that Haley could not tell medical personnel about something he wasn't present for.
Tuesday, April 29, 5:38 p.m. - Re-cross from John Keith Perry
John Keith Perry, attorney for Tadarrius Bean, began re-cross. Perry pointed out that EMTs never asked officers how many times Nichols had been struck and "never asked any questions whatsoever about Mr. Nichols condition."
"It only seemed that one person had any sort of input at all with EMT people," Perry said. Perry said that person was Justin Smith, the only person to help Nichols. Perry said that Smith and Bean got Nichols into "a recovery position," but that neither officer was asked any questions about how Nichols looked.
"Was there anything on that scene on that particular night that was meant to throw EMTs off of doing their job?" Perry asked. Mills said no.
Tuesday, April 29, 5:26 p.m. - Redirect of Desmond Mills Jr. by prosecution
Lead Prosecutor Paul Hagerman began his redirect of former Memphis Police officer Desmond Mills Jr., who has accepted a plea deal in the trial.
Mills testified that he never heard Bean, Smith, or Haley tell paramedics that Nichols had been struck in the head.
Hagerman brought up Zummach's remarks about Tyre Nichols' "whipping their tails." Mills testified that he never saw Nichols punch, kick, or push anyone. Mills testified that he never saw Nichols get on top of anyone.
Hagerman addressed a comment from attorney John Keith Perry. That comment had to do with a picture showing the use of a baton.
"How many manuals have you seen that show when two MPD officers have someone on the ground and an officer kicks them in the head?" Hagerman asked. Mills said, "None."
Hagerman asked how many policy manuals show officers throwing "haymakers" or standing by watching excessive force happening and not doing anything. Mills responded, "None."
Mills testified that it's the right thing to do to try and intervene. Hagerman addressed Zummach's comments about Mills and Smith sharing values. Mills testified that he violated those values by not intervening, as did the other officers at the scene.
Hagerman brought up the moments when Mills walked away and couldn't see what was going on. This meant that Mills, at times, was further away from Nichols than other people. Hagerman pointed out that, when Emmitt Martin kicked Nichols in the head, Smith and Bean were there with Nichols. When Martin kicked Nichols a second time in the head, Bean and Smith were still with Nichols, Mills testified.
"When Emmitt Martin was throwing haymakers, where were Justin Smith and Tadarrius Bean?" Hagerman asked. "With Mr. Nichols, right there," Mills responded.
Hagerman addressed testimony that Mills did not see Haley use excessive force on Nichols on the night of the beating. Mills clarified, saying that he saw Haley use force on video days after the beating.
"And after Mr. Haley kicks him that time, do you see another use of force by someone else?" Hagerman asked. Mills said yes, he did; he saw Martin use excessive force. Mills said he could not have intervened in those final kicks.
Hagerman ended redirect.
Tuesday, April 29, 4:32 p.m. - Justin Smith's defense cross-examines Desmond Mills Jr.
Following cross-examination from Stengel, Justin Smith's attorney, Martin Zummach, cross-examined former MPD officer Desmond Mills Jr., who has accepted a plea deal in the case.
Zummach began by going over previous discussions with Mills in which Mills told Zummach that he lied in his initial statements in order to keep his job and health insurance.
Zummach asked Mills if he covered up anything regarding Tyre Nichols' death. Mills responded that yes, he did. Zummach then mentioned that former MPD officer Justin Smith wrecked his car at one point and that Smith enjoyed riding with Mills because he was afraid to drive.
During the two years following that crash, Mills and Smith developed a friendship. "Both you and he are tough, but you are compassionate," Zummach asked. "Was he brave? Was he honest? Was he honorable?" Zummach asked. Mills said, yes, Smith was.
Zummach began talking about an incident where another officer in Smith's presence slapped a juvenile suspect in the mouth. Lead prosecutor Paul Hagerman objected to this line of questioning on the grounds that Mills was not present at this incident. Zummach argued that it speaks to Smith's character.
Resuming questioning, Zummach shifted his questions to the SCORPION Unit 1. It consisted of about 10 members. Zummach said that Smith had been in specialized units with Smith for about three years and that Smith had a reputation of not tolerating abuse by a cop toward a suspect.
Zummach began talking of how SCORPION handled especially dangerous crimes throughout the city. Mills previously testified that SCORPION officers did this by initiating traffic stops. Zummach argued that getting felons off the streets was the primary purpose. Mills previously testified that seizing cars, drugs, guns, and cash was the focus.
Mills said that he went to detective school in order to gain skills and qualifications to be a SCORPION Unit officer.
Zummach put forth that Smith made over 1,000 arrests over three years in his time with organized crime units. Zummach asked what percentage of those suspects had a hidden weapon on them. Mills responded that probably about 80-90 percent of those suspects had a hidden weapon on them.
"Bingo," Zummach said. "And would you agree with me that until a suspect is in handcuffs, nobody is safe?" Mills agreed that the suspect has to be in handcuffs and searched before anyone is safe. Zummach pointed out that officers had previously been disciplined due to weapons being found in squad cars after a suspect was apprehended.
Zummach pointed out that Mills began cooperating with prosecutors as early as January 20, 2023, ten days after Nichols died.
"I watched your videos. You're a big man. Played football. Bean is a young man. Big fellow, but a young man. And when you saw Nichols walking through the yard and you said, 'Hey' to him out of your window, Nichols took off running, yes?" Zummach asked. Mills agreed.
Zummach pointed out that if Nichols had surrendered at that point, the situation would have ended. "You knew that Nichols had been fighting with police. He'd been tased. He'd been sprayed. He was running. Is that active resistance, fleeing"? Zummach said. Mills said yes.
"At that point, no cop in Memphis knows if that suspect has a gun on him. And it doesn't matter if we learn four years later that his mom lives down the street or whatever because your job is to put him in handcuffs, search him, and find out why he was running. And that's what Bean did. He chased him down and caught him. You were surprised and shocked when you got there. You were surprised and shocked to see Justin Smith there, weren't you?" Zummach said. Mills said he was.
Zummach said that, originally, Mills told prosecutors that Bean and Smith were punching Nichols. However, after watching the slow-motion video, Zummach argued that Bean and Smith never touched Nichols' face. It was his hands that he was slapping. Mills agreed to this.
"In fact, the whole time you were out there, Bean and Smith never touched Nichols in the head or face area that you saw," Zummach said. Mills agreed.
Zummach then brought up the use of pepper spray. He said that cops actually use a very powerful form of pepper spray, one so powerful that citizens can't own it. Zummach said that, at the academy, officers are given one squirt of pepper spray, asked to open an eye, count their fingers, and then go fight a dummy. "You start shutting down, right?" Zummach said. "Pepper spray is considered a pain compliance technique to get a suspect to surrender, right? Because if you shoot them with it, they can't see. They can't breathe, and then you can get their hands, right?" Zummach said.
Zummach then said that Nichols was sprayed multiple times and wiped his face. As a trained narcotics officer, Zummach argued that not being affected by pepper spray implies a suspect is on drugs.
Zummach said that Bean and Smith stayed in the fight with Nichols after being pepper sprayed. The attorney argued that Mills was angry because his co-officers stayed in the fight after the pepper spray forced him to step away. Zummach said that, when Mills came back to Nichols, Nichols' legs were under his butt and his right arm was on the ground.
"I hit him with the baton because I was angry that I sprayed myself," Mills said.
"Because if Tyre Nichols gets up off that ground and he's not been searched and 90 percent of your fleeing suspects are armed, it's about to get bad there for the cops at the scene, isn't it?" Zummach asked.
Mills testified that he hit Nichols on the right arm when he saw Nichols appear to get up.
Zummach then invited Mills down off the stand to demonstrate handcuffing somebody. Mills explained the importance of getting a suspect's free hand behind his back after getting one handcuff on. Mills showed different ways to force a suspect to comply with a handcuff. Mills testified that if a suspect doesn't respond to those painful techniques, it implies that a suspect is under the influence of drugs.
Mills testified that it's very dangerous to have one handcuff on a suspect and the suspect try to get up off the ground.
Zummach said that Smith had been pepper sprayed and didn't have his glasses. Zummach argued that Mills didn't see Emmitt Martin kick Tyre Nichols and attempted to imply that Smith did not see it either.
"In fact, you didn't know that there were five punches until the FBI showed you the video over and over again, and that was because of the OC spray, the panic, and the fear," Zummach said.
Zummach asked if a cop needs to wait until a suspect produces a weapon to do something. Mills said, "No."
Zummach asked if Mills remembered Hagerman asking him why he didn't stop the beating. Zummach argued that no officer had the situation under control. Mills agreed. "So, it'd be pretty stupid to say, 'We got this,'" Zummach said. The attorney said that Mills did not see Demetrius Haley arrive at the scene due to the pepper spray.
Zummach again went over that Mills apparently did not see any of the hits or kicks to Tyre Nichols. Mills agreed and said that was because of the pepper spray in his eyes.
"Prior to getting Nichols in handcuffs, were you afraid? Were you fearful of what was about to happen, what could happen? Before we came to this courtroom, when you were out there that night dealing with Tyre Nichols before he got handcuffed, before that last handcuff went on, were you experiencing fear or exhaustion? Were you completely perplexed by why this one guy is whipping your tails? You've taken people into custody alone, guys bigger than me, with no problem. So much so that, in your six years as a cop, this is the first time you had to take (out your baton)?" Zummach asked. Mills said, "Yes, that's right."
Zummach said that Justin Smith called Mills and told Mills that Smith learned that Haley and Martin kicked Nichols. "Smith told youthat (expletive)'s (messed) up,isn't it?" Zummach said. The attorney said that Smith said he would call Lt. Smith about Haley and Martin's actions.
Zummach pointed out that it was Justin Smith who called for paramedics due to a chemical agent. Lt. Smith then called for a K9, Zummach said.
Zummach asked if the arrest of Tyre Nichols was the most difficult arrest he's had in six years as a cop. Mills responded that it's the only arrest he's gotten criminal charges from. Zummach said, "From a pain tolerance and strength level, have you ever faced a more difficult arrest in your career with MPD?"
Mills responded, "That's the most pain tolerance arrest I've made."
Zummach pointed out that Mills hit Nichols with the baton three times and saw no difference in him. Mills agreed with this. "But when you saw that three strikes did not bring this guy under control, you stopped, right?" Mills agreed.
Mills testified that, when trying to get Tyre Nichols under control, Nichols attempted to pull away, was clenching his arms and body, flailing his legs around, and "blading." Zummach described blading as a suspect lying on his hip. Zummach argued that Nichols could have been hiding a weapon by "blading."
Zummach then argued that Smith could not let go of Nichols' free hand because his other was handcuffed. "Your exact words were, It was going to be real bad," Zummach said of Mills's previous statements.
"It can be bad if a suspect has one handcuff on their wrist because they can use that one handcuff and attack an officer, which has happened in the past," Zummach said.
Zummach argued that Smith asked a paramedic to get a breathing device for Nichols and that Smith put Nichols in a "recovery position" when he placed him against a car.
Tuesday, April 29, 3:32 p.m. - Demetrius Haley's defense cross-examines Desmond Mills Jr.
Michael Stengel, an attorney for former officer Demetrius Haley, began cross-examining former MPD officer Desmond Mills Jr., who has accepted a plea deal in this case. Mills was the second witness called by the prosecution.
Mills testified that, at times leading up to the trial, he met with federal and state prosecutors and has been interviewed by state and federal prosecutors many times since January 2023.
Mills testified that, prior to meeting with any prosecutor, he and his attorney signed written agreements. Those agreements were that prosecutors could not use what he told them against him if that information turned out to be truthful.
Stengel showed Mills documents that he signed on January 20, 2023. Mills testified that it was after signing those documents that he had his first meeting with prosecutors and federal agents.
Stengel pointed out that Mills's first meeting with prosecutors came about two weeks after Nichols was beaten. Stengel argued that the meeting was before any federal charges. Mills did not recall if, at the time of that meeting, he had been charged with state charges.
Stengel asked Mills the difference between EMTs and paramedics. Mills did not know the difference. Mills referred to all medical personnel at the scene of the beating as "paramedics." Mills clarified that he was referring to Memphis Fire Department medical personnel.
Stengel showed Mills several pictures of himself and the equipment he was wearing when he encountered Tyre Nichols on January 7, 2023. Those pictures were taken by the Tennessee Bureau of Investigation before the end of his shift that night.
Haley's attorney pointed out that part of Mills' training at the police academy was the proper use of force. Stengel introduced a two-page policy on MPD's response to resistance into evidence. That policy contained seven levels.
Mills told the jury that those levels are physical presence, then verbal warnings, physical commands, chemical agents, empty-hands control (soft and hard hands), impact weapons, and then deadly force. A baton would be considered an impact weapon. Hard empty-hand techniques would include kicks or punches. Mills testified that those techniques were training at the academy and approved by the Memphis Police Department in certain situations.
The soft-hands technique would include getting somebody out of a car. Mills testified that he was not at the original traffic stop but that he witnessed soft-hands control in getting Nichols out of the car. That includes taking Nichols to the ground.
Stengel went over the fact that Mills had been with the SCORPION Unit since its creation and that on January 7, 2023, he was in a two-man car with Tadarrius Bean.
Mills testified that as a SCORPION officer, he had the ability to switch between radio channels and heard the call go out about Nichols. Stengel rehashed that Mills and Bean let a suspect go in order to respond to the Nichols call and that was proper procedure based on officer training. Stengel said that the call implied that there had been a fight with an officer and that Mills was trained to respond to help his fellow officer. Mills agreed with this.
"At that moment, following your training was good policing," Stengel said. Mills agreed.
Stengel said that as Mills and Bean drove after the suspect, they did not see Nichols. Then, in his rearview mirror, Mills saw someone matching Nichols' description. Mills then made a U-turn. Mills and Bean then called out at Nichols. Nichols then took off running, and Bean chased after him. Mills testified that he parked the car, locked the car, and ran after Bean and Nichols. Mills then radioed to dispatch that they were chasing a suspect. "And again, you're engaged in good policing at this point. Responding to a call to a suspect who's fled from officers, and now he's fled from you and Bean," Stengel said.
"You get there, Smith, Bean, and this person who has run from you and Bean are on the ground, correct? And, at that point, good policing is detaining this person, correct? You had a lawful basis to detain him?" Stengel asked. Mills agreed with these questions.
Stengel then recounted how Mills pepper-sprayed Nichols. "At about that time, Emmitt Martin from SCORPION 1 arrives, correct?" Stengel said in pointing out that Martin arrived before Mills sprayed a third time.
Mills said that the third time he sprayed and sprayed himself by accident, the pepper spray was effective. It caused his eyes and face to burn and caused him difficulty breathing. It would flare up minutes later, Mills said. Mills said this was consistent with his training in pepper spray.
Mills testified that Smith and Bean first encountered Nichols at the second scene. He was the third officer, and he used pepper spray three times, along with his baton on Nichols' arm. Emmitt Martin was the fourth officer to arrive at that scene. Twice, he kicked Nichols in the head. Mills said he only learned that Martin kicked Nichols after watching the video. Mills said he could not have stopped those kicks because he didn't know about it.
"So it's not reasonable to intervene if you don't know there's something to intervene about, correct?" Stengel said. "And it's not reasonable to expect intervention if you're not there, correct?" Mills agreed.
Mills testified that he was aware that Martin punched Nichols in the head. "All of Martin's punches to Mr. Nichols' head occurred before Mr. Haley got to Castlegate and Bear Creek, do you agree?" Stengel asked. Mills agreed.
Stengel then asked Mills when he learned who the suspect was. Mills said he learned Nichols' identity after Nichols was handcuffed and paramedics made the scene. Stengel said it was from Nichols' wallet that people learned of his identity. Mills said he didn't know how people learned of his identity.
"Was there any plan before the traffic stop at Ross and Raines that you're aware of to find, detain, and injure Tyre Nichols?" Stengel asked. Mills said, "No."
Mills said that, to his knowledge, none of the officers knew it was Tyre Nichols driving the blue Nissan when it was pulled over.
"At some point, your lieutenant, Lt. Dewayne Smith, arrived. And you and Lt. Dewayne Smith walked from Castlegate and Bear Creek to Nichols' house. Lt. Smith knocked on the door and spoke to the people who answered. You stood back somewhat but had your body-worn camera running, and that was the purpose of you going with him. Initially, the people who answered the door denied knowing who Tyre Nichols was, and after being told he was under arrest, the man and woman who answered the door identified themselves as his mother and father, correct?" Stengel asked.
Stengel then played a portion of Mills' body-worn camera showing him and Lt. Smith approaching the Nichols home. That video showed the officers speaking to Nichols' parents. Stengel then pointed out that Mills told his supervising officer that he and his fellow officers "did everything by the book."
Mills testified that he was telling his supervising officer that "everything was okay, but I knew it wasn't." Mills said on the stand that he lied to the lieutenant.
"It was your conduct and your fellow officers conduct at Castlegate and Bear Creek dealing with Tyre Nichols, correct? And that covered all of the force. You were talking about the entire interaction with Tyre Nichols at Castlegate and Bear Creek, and Mr. Haley arrived several minutes after you did, correct? He arrived after Mr. Nichols was initially engaged by Justin Smith and Tadarrius Bean... And he arrived after you used the pepper spray all three times, and he arrived after you used the baton, and he arrived after Emmitt Martin punched Nichols in the head five times. And, having seen video after, he arrived after, as Mr. Hagerman says, Mr. Martin soccer-kicked him in the head and kicked him a second time. Correct? You did not see Demetrius Haley use any force on Tyre Nichols at the scene, correct?" Stengel asked. Mills responded that all of that was correct.
Mills then testified that he met with prosecutors several times after agreeing to cooperate.
"As a result of all of these interviews, pursuant to these agreements to cooperate with law enforcement any time they ask, you did work out two plea agreements. One for the federal case and one for the state case. And, as a matter of fact, in federal court you have formally entered a guilty plea, correct?" Stengel questioned. Mills said this was all correct.
Stengel then showed Mills a copy of his federal plea agreement. According to that agreement, in November 2023, Mills pleaded guilty in federal court. One of those charges was violating Tyre Nichols' civil rights, resulting in his death. Mills also pleaded guilty to conspiracy to obstruct justice, or cover it up.
Stengel said that that agreement was for Mills to continue to cooperate with prosecutors, both at the state and federal levels, and that Mills agreed to testify against Demetrius Haley, both in federal court and state court. Mills said that he testified in federal court, spending three days on the stand.
The count of violating Tyre Nichols' civil rights resulting in his death carries up to a life sentence, though prosecutors told Mills they would ask for a sentence of 15 years. However, that will not be determined until he goes to a sentencing hearing. Mills said he is not familiar with parole in the federal system. There is no parole in the federal system. Mills appeared to be unaware of this.
Mills recalled being put under oath at the federal court and being told that the possible penalty for his convictions was up to life in prison. Stengel pointed out that prosecutors may recommend less than 15 years, based on his testimony in the state trial. Mills also reached an agreement on his state charges.
"Is it a fair assessment that, once you're done with your cooperation, you'll be sentenced in federal court, correct? And the federal judge will determine the sentence after hearing from the federal prosecutors, your lawyer, and you. And after you receive that sentence, you will come back to this court and plead guilty. You don't even know what you're going to plead guilty to, do you? But you're going to plead guilty to something and get the same sentence... And your state sentence will be served at the same time as the federal sentence, and it'll be served in the Federal Bureau of Prisons or on federal probation. So, every day of the federal sentence that goes by and you complete, you're completing a day of the state sentence on the same day. Serving two sentences at the same time just like they were one. So, here in state court, you essentially get a pass on this case, correct?" Stengel said. Mills said he is not getting a pass.
Stengel asked how much more punishment he gets. Mills responded that he gets more charges, but not more time.
Stengel hammered home that Mills' sentencing is based upon how prosecutors feel about his testimony.
Tuesday, April 29, 1:55 p.m. - Tadarrius Bean's defense cross-examines Desmond Mills Jr.
John Keith Perry, the defense attorney for Tadarrius Bean, was the first defense attorney to cross-examine former Memphis Police officer Desmond Mills Jr., who accepted a plea deal in the case.
Mills testified that Bean and Mills had no conversations that evening about going out to hurt anybody or kidnap anybody. Mills said that he had no plans to deploy his baton prior to coming into contact with Tyre Nichols.
Mills and Bean were on patrol together the night Tyre Nichols was beaten. Mills testified that he knew Bean as a "proper officer" and never had any concerns with Bean. Mills testified that he had never had any issues with Bean.
Mills testified that it was cold on the night Tyre Nichols was beaten, January 7, 2023. Perry brought up Mills' testimony that he and Bean were at another call, arresting a suspect when they got the call that Nichols was running. Mills testified that he did not live in that area.
Perry asked Mills if he was part of the SCORPION Unit or the "CAT Team" when he joined MPD in 2020. Mills said that acronym stood for Criminal Apprehension Team and that it later changed to the SCORPION Unit under Memphis Police Chief C.J. Davis. Mills testified that he was told the SCORPION Unit was working and that murders in the city dropped while the SCORPION Unit was in place.
Prior to that night, Mills testified that he had not met with Forrest Christian, a federal prosecutor for the Department of Justice. Mills testified that he and Bean both went to St. Francis Hospital, where Nichols was taken, following the beating. He was relieved by a member of his team, Mills said.
Perry asked if the SCORPION Unit was broken into three different teams. Mills said that was correct and that he was assigned to Team 1. When he got back, Mills said the Tennessee Bureau of Investigation and internal affairs asked questions about that night. It was the first time those agencies spoke to Mills, despite having made "a lot" of arrests during his time with MPD.
Mills told those agencies that "this was the most difficult arrest he'd ever had." Perry asked if he said that he'd never had an arrestee be that difficult before. Mills did not remember saying that.
Mills testified that he told those agencies that he used pepper spray three times and that Nichols was not giving him his hands. Mills testified that he had been sprayed before and that, in his mind, it should work. Mills testified that the spray was not working that night.
At that point in time, Mills had not been asked about participating in a trial against Bean or testifying against former officers Justin Smith and Demetrius Haley. When he spoke to internal affairs, Mills had not been told anything about possibly facing life in prison.
Perry argued that Mills' story changed multiple times between the night of the beating and when he first met with a federal prosecutor with the Department of Justice.
"Your story progressively changed. When you met with ISB (internal affairs), you had zero complaints about Tadarrius Bean, and you had no complaints about the fact that he stayed in the fight with Tyre Nichols that night when you met with ISB," Perry argued.
Perry argued that Mills could not speak for Tadarrius Bean about not knowing the SkyCop was there. Mills agreed. Perry said that, by the time Mills got to the second scene, Bean had already apprehended Nichols. Perry argued that Mills could not testify as to what Bean saw or noticed in the area, referring to the SkyCop camera.
After speaking with internal affairs, Mills spoke with the U.S. Attorney's Office. That came after he spoke with internal affairs and the TBI. At that point, Mills said no charges had been filed against him.
Perry gave Mills a copy of a document signed by Mills, his attorney, and Shelby County District Attorney Steve Mulroy. That document was Mills' plea agreement. The agreement did not have a date. Mills said he could not tell on what day he decided to sign it. But at that point he was cooperating with the Department of Justice. That agreement said that whatever sentencing he was given in his state trial would run concurrently with his federal sentencing.
Perry stated that Mills' sentencing was based on his truthful testimony. "It is considerably different than your (internal affairs) truth, correct?" asked Perry. Mills agreed.
Mills testified that, in the days following the beating, he had people in his yard protesting. Mills said he believes those protests happened after he gave his statement to internal affairs. Perry pointed out that it happened after his story changed.
Mills testified that the Tennessee Bureau of Investigation (TBI) took over the investigation because Nichols was critically injured. That's standard procedure when someone is critically injured or killed by a police officer.
Perry then introduced a document dated January 11, 2023, three days after Nichols was beaten. At this point, Mills was relieved of duty due to the Nichols beating. Mills said he went to give a statement to internal affairs. He was still an employee of MPD at this time. Perry pointed out that the protesting in Mills' yard happened after he gave this statement to internal affairs.
Mills told internal affairs in that statement that he put on his body-worn camera, a part of his job under the regulations that an officer has. Mills testified that the camera cuts on automatically if you're in a squad car with the lights activated but does not automatically turn on when you're out of a car running after a suspect. Mills said he did not take his camera off while he interacted with Nichols. Mills said it did not appear that Bean threw his off either. Video shows that Bean's camera appears to have been knocked off during the altercation with Nichols.
Perry then said that, prior to the Nichols incident, Mills and Bean had a suspect in their squad car. They then heard a call out that a pepper-sprayed and tased suspect was fleeing. Mills testified that, based on that, he and Bean decided to release the suspect to assist with chasing Nichols. When they arrived at Ross and Raines, the scene of the original traffic stop, Mills said they started looking for Nichols. At that point, Mills testified that he only knew the suspect had resisted arrest and that he had been pepper-sprayed and tased. Mills said there were no conversations that Nichols was dating anybody's girlfriend. To Mills' knowledge, any statement along those lines would have been inaccurate.
Mills testified that he and Bean had no conversations about who the suspect was. When he arrived at the scene, Mills said he had no prior knowledge of what happened at the original traffic stop. Mills eventually saw Nichols, and at that same time, Bean rolled down his window, and both said, "Hey" to Nichols, Mills testified. Mills said Nichols then ran. Mills said he had no criticisms about Bean chasing Nichols at that point. In fact, Perry argued, it could've been a problem if Bean didn't chase Nichols at that point.
"So he runs, and he eventually catches up to the suspect, right? Now, there was one thing that changed about the ISB until the one trial. But you were clear that once the video was slowed down, that was the first time you'd seen it in slow motion, right?" Perry said. "Now, at that time, I asked you if it appeared that they were slapping at Mr. Nichols' hands or wrist area, do you remember that?"
Mills testified that, when seeing that slow-motion video, it did not appear that Bean punched Nichols. Mills testified that he never saw Bean punch or kick Nichols in the face or head. "Yes, once you slowed the video down, I was able to determine that," Mills said.
Mills testified that, once a suspect is on the ground and reaches up a hand, that can be dangerous. "As a suspect, he poses danger to those officers...if he's not in a position where the handcuffs can go on," Perry said.
Perry argued that once the handcuff went on Nichols, it appeared that all contact with Nichols stopped. Perry argued that it was Bean and Smith who placed Nichols on a vehicle but that they never hit, punched, or kicked Nichols while his hands were cuffed. "You never saw him get struck while the hands were cuffed at all," Perry said.
Perry brought up prior testimony from Mills that his pepper spray was "ineffective." The attorney mentioned that Bean was in the radius of the pepper spray when Mills used it on Nichols. At that time, Bean's hands were on Nichols. Perry pointed out that Bean had just run "on a dead sprint" after Nichols while wearing gear weighing between 30 and 40 pounds.
"According to you, Mr. Nichols does not at any point comply with the request for hands, right?" Perry asked. Mills agreed. Perry pointed out that Mills' use of the term "fighting" means "resisting." Perry argued that Nichols was still resisting arrest after being sprayed. Perry stated that Bean continued holding onto Nichols after being sprayed. During that time, Mills was panting, out of breath, and aggravated.
Mills testified that he never told Bean that he was going to hit Nichols with his baton. "In fact, if you wanted to do the most damage with the baton, would you hit him on the head or in his hand like you were taught in the academy?" Perry asked. Mills said the most damage would be done to his head. Instead, he hit Nichols on the arm. "Now, in the academy, they teach you a concept called 'verbal judo.'... In other words, you wouldn't tell anybody in Sunday School, I'm going to baton the (expletive) out of you. But when you're out there in that type of environment, verbal judo is not something that is odd, correct?" Perry asked.
Mills said, at that time, he had the ability to stop himself from using his baton if Nichols had put his hands behind his back.
Perry again argued that Bean never told Mills to hit Nichols on the head and that, in fact, he cleared so that Mills could hit Nichols on the arms. Mills testified that he hit Nichols three times. Mills then said he believes "maximum force" is one blow. Perry argued that Mills came up with that definition when he spoke with the Department of Justice. Mills disagreed.
Perry argued that Mills had training with the baton and showed Mills an MPD baton policy. Mills said that he had seen that before and that he was supposed to be familiar with that policy in order to use the baton. Mills looked through the policy. Mills testified that he is familiar with the policy but that he's not familiar with training on how many times to use a baton on a suspect. Perry argued that Mills used the baton three times exactly based on his understanding of the policy.
"It talks about the fact that it is intended to inflict intense, temporary, disabling pain," Perry said. Mills said that was consistent with his understanding of pain compliance. Perry argued that the baton was used after verbal commands and the use of a chemical agent.
"You've been shot at... And that, I would guess, is a dangerous situation, right? This particular situation, you didn't pull your firearm, did you? You did not, at any point in time, order anybody else to point a firearm, did you? In fact, no firearms were pulled at all, correct?" Perry asked. Mills agreed with those questions.
Mills said his understanding was to use the baton in order to make somebody stop resisting. Mills said he did not use it as hard as he could.
"You were not trying to kill him, right? In fact, nobody out there was saying, 'Let's try to kill this guy,' correct?" Perry asked. Mills agreed that nothing he was using during the incident with Nichols was deadly force.
Mills stated that he swung the baton consistent with his training and attempted to hit Nichols above his wrist and below his forearm. "That's the only place you hit him. Did not strike him in the head. Did not hit him in the groin area," Perry said.
Perry again argued that there was no plan to rob Nichols or to take away his freedom. Mills agreed. Perry said that Mills and Bean were acting under the color of law as sworn officers.
"Now, at the time you changed your plea, you didn't have any knowledge about what was in his car, correct?" Perry asked. Mills agreed, referring to drugs and credit cards allegedly found in Nichols' car. Perry argued that Mills had been meeting with federal authorities during that time.
Mills testified that he met with Hagerman for about an hour in preparation for the state trial. Mills said that is different than the number of times he met with the Department of Justice.
"And you met with them, and your truth kept changing somewhat; the details kept changing. When you talked with ISB, you were asked about how many times you struck," Perry said. The attorney brought up transcripts when Mills was asked if the chemical agent had any effect on Nichols. Mills told them the spray was ineffective after being used three times. "Now, do you remember when you were talking with DOJ, saying stuff like you don't know the effects of it and things like that?" asked Perry. Mills did not remember but did remember saying it was ineffective.
Perry asked Mills if he knew what a continued cooperation agreement is. Perry argued that Mills expects to get leniency from the federal judge based on his testimony in the state trial. Perry argued that Mills was "definitely positive" that he properly used his baton when speaking with internal affairs. Perry argued that Mills used the term "active resistance" when speaking with internal affairs. "At that point when you were giving that statement, you weren't sitting up in a room with three FBI agents... people from the TBI recording what was being said and three other attorneys saying what would happen to you if you didn't cooperate as a witness against Tadarrius Bean. You didn't have that at that time, right?" Perry said.
"Mr. Mills. You changed your answer about active resistance after you initially said what active resistance was in your statement, right?" Perry asked. Mills said, "Yes."
Mills said that "passive resistance" is someone lying there and not cooperating. Mills defined "active resistance" as someone punching or kicking.
Mills said that, in the video shown of Nichols, he did not see Nichols' legs kicking.
Perry then showed Mills' body-camera footage at half-speed.
Perry asked if Mills saw Nichols' legs kick in the slow-motion video. Mills said, "No, I did not see his legs kick an officer." "I did not ask you that. I asked if you saw his legs kicking," Perry responded. "Right there? No, I didn't see no kicking," Mills said.
Perry then replayed the video. "Did you see his legs kicking at that time?" Perry asked. "Yes," Mills said.
"Now, when you talked to ISB, you never said, 'I saw Tyre Nichols kick an officer,' and that was not my question. But you saw his legs kicking, which is different than passive resistance," Perry said.
Perry argued that an officer asking someone to step back is passive. If an officer grabs the person, Perry argued that it would be active.
Pointing to Mills' hesitation in the prior question, Perry pointed out that Nichols had not been searched for weapons.
"Right then, you thought it was active resistance when he's kicking in the air, moving his arms around, and walking around. You said it clearly to ISB; that's active resistance, right?" Perry said. "Right," Mills responded.
Perry shifted his cross-examination to an officer's duty to intervene. Hagerman did not read the policy when questioning Mills on the stand. Mills had not read the policy prior to his testimony and could not recall ever reading the policy.
Perry pointed to the word "reasonable" in the policy. "Any member who directly observes a member in criminal conduct or abuse of a suspect should take reasonable action to intervene," Mills read.
Perry argued that if a suspect has only one handcuff on and another hand free, that person is a danger. He then stated that it's reasonable for an officer to hold on to that person's free hand. "You're trying to get this person handcuffed because if you don't get that person handcuffed, is that arrest complete? Does the person continue to be a danger?" Perry asked. "It's difficult to put handcuffs on a person that does not want to be handcuffed, right? And it's even more difficult if you've run a distance of 80 yards and tackled that person and he's resisting you, right?" Perry asked.
Perry said that, during the struggle, Nichols did not give his hands up to be handcuffed. Perry asked if anybody told Mills that Emmitt Martin was "dangerous to be with" and if Mills had any conversations with Martin about him feeling "homicidal" or that he was having mental health issues. Mills said that he was not aware of any of that and that he only learned those things during the federal trial.
"We did know that he wasn't feeling himself, but we didn't know in particular that he was having any mental issues," Mills said.
Mills said that he did not know Martin was going to pull Nichols over or hit Nichols or how hard he would hit Nichols. "That would've been some helpful information, right? Because while you're coughing... you could have told your co-officers, 'Hey guys, watch out for what Emmitt Martin might do while you're holding him.' And you never testified that you thought they were holding him so he could be hit," Perry said.
Perry then had Bean and Smith grab his arms. "While they're struggling with Tyre Nichols, was he giving his hands to be arrested? While they were holding him, did they have any knowledge that you're aware of that Emmitt Martin was going to hit him?" Perry asked. "It seems today, two years later, that they're holding him, trying to get him into custody, right?" Perry asked. "Right," Mills responded.
Perry brought up Mills's previous testimony about asking Martin, "How did we get here?"
"So there could not have been a plan to kill him... no plan to injure at all? You've heard of officers robbing people, right? You've heard of officers taking money and escorting dope boys. To your knowledge, was there any of that stuff going on? You were not a part of a plan and had no information that these men had any sort of a plan to misuse your badge, correct?" Mills responded, "Correct."
Perry ended his cross-examination.
Tuesday, April 12:25 p.m. - Lunch break
The court took a lunch break after the prosecution's questioning of former Memphis Police officer Desmond Mills Jr. Defense attorneys are expected to cross-examine Mills when court resumes at 1:45 p.m. CST.
Tuesday, April 29, 11 a.m. - Testimony of former officer Desmond Mills continues
Following a brief recess, former Memphis Police officer Desmond Mills Jr. continued his testimony under questioning from lead prosecutor Paul Hagerman. Mills accepted a plea deal prior to the federal trial related to the death of Tyre Nichols and is the second witness called by the prosecution.
Hagerman played video of the Tyre Nichols beating. Mills explained that he could not see either kick to Nichols' head from where he was. Mills returns to the camera as Bean, Smith, and Martin stand around Nichols. Mills extends his baton and begins striking Nichols. The video shows Martin punching Nichols multiple times. Mills exits the camera's shot as Martin, Smith, and Bean continue their altercation with Nichols. Demetrius Haley then enters the picture and kicks Nichols. After Haley's kick, Martin kicks Nichols. Mills testified that the video then shows Smith dragging Nichols over to a car where Nichols is propped up.
The video then showed an officer with his phone out taking a picture of Nichols. Mills identified that person as Demetrius Haley. Mills said he later learned that Haley sent that photo to people.
Desmond Mills body cam video
Lead prosecutor Paul Hagerman played for the jury the body camera footage from Desmond Mills, taken from the night Tyre Nichols was beaten.
The video shows Mills running out of his car in the direction of the scene where Tyre Nichols was being beaten. Mills arrives to see two officers on top of Nichols, hitting him in the face. Nichols can be heard screaming "Mom." An officer says, "Give me your hands." Mills then pepper-sprays Nichols, spraying himself in the process. Mills walks away.
In the video, Emmitt Martin can be seen throwing something on the ground. Mills testified that it could've been a body-worn camera.
During Hagerman's presentation, the prosecution paused the video periodically. John Keith Perry, defense for Tadarrius Bean, asked that the video be played in its entirety. Judge Jones said that he'd allow Perry to play the video in full during his cross-examination if he'd like. Another defense attorney then asked to approach the bench.
The prosecution's questioning resumed. Mills identified Martin's voice saying, "Give me your hands." Mills identified himself, saying, "I'm going to baton the (expletive) out of you." Mills testified that he heard Martin and Smith saying, "Hit him." A defense attorney objected that Hagerman put the words "hit him" out there. Mills testified that he then got on the radio and gave the location of the scene.
Mills then left the scene, went to his car, walked up the street, and asked a neighbor for a water hose. He returns to the scene. One of the officers says, "He's high as a kite. He's got to be high." The officers then talk about their refusal to bring Nichols back to the scene at Ross and Raines, where the paramedics are, instead asking the paramedics to come to them. Martin can be heard talking about "mother (expletive) started fighting" after the original traffic stop. Smith can be heard talking about losing Nichols, and another officer asserts that Nichols is high as paramedics tend to Nichols. Smith says, "I landed so many pieces," meaning that he was punching Nichols, Mills testified.
Martin said he hit Nichols with "straight haymakers," referring to a vicious punch. Martin then says, "He was rocking him," meaning that he was punching Nichols. Smith then said, "I jumped in and started rocking him." Smith then asked, "You got that face thing you do?" Mills said he believes Smith was referring to technology that identifies a suspect by their face. He later said he didn't know what Smith was referring to.
The officers can then be seen talking to Lt. Smith (not defendant Justin Smith). Rewinding the video, an officer can be heard saying, "Bean was rocking." Mills identified the officer as Justin Smith. Smith's attorney, John Keith Perry, then objected that the question had been asked and answered. Another defense attorney then objected that the same clip was being repeated. Hagerman told the judge that witness Mills asked for the video to be played back.
Mills testified that Demetrius Haley can then be heard saying that Nichols was going for his gun. Martin then tells his lieutenant that Nichols swung, and Haley again says that Nichols had his hand on a gun.
Haley then tells his lieutenant that Nichols was driving into oncoming traffic, Mills said. Haley can then be seen recounting how Nichols was taken out of the car.
Haley's defense attorney, Stengel, then objected that a timestamp should be given when people are identified.
Mills and another officer then walk to a home to use a firehose and tell the homeowner that Nichols was driving into oncoming traffic, that he was "high as a kite," and that Nichols began fighting. Mills, who was not at the original traffic stop, said he was "going off of what Martin told me."
Mills can be seen on camera washing the pepper spray out of his face. He returns to the scene. Mills identified Martin at that scene. At this point, Martin signaled to Mills to take off his body camera, Mills testified. Mills said that signal meant "Take it off. I've got something to tell you." Mills then takes off his camera. Mills testified that he then asked Martin why they stopped Nichols, how he got to the second scene, and if Nichols had anything.
Hagerman asked if Martin ever explained how they got to beating Nichols. Mills said that Martin told him that Nichols was swerving into oncoming traffic, fought officers, and reached for his gun; Nichols pushed three officers off of him and took off running. Martin did not say anything about what happened on Castlegate at the beating scene, Mills said. The former officer testified that everything Martin told him while his body camera was off at this point pertained to the original traffic stop.
Smith can then be heard asking, "He alright?" The video then shows Nichols being propped up against a car and paramedics talking to him. The paramedics shine a light in his eye and repeatedly say, "Mr. Nichols. I need you to talk to me." Smith then says, "His oxygen may be low." One of the paramedics believes that Nichols showed a response during this time. Mills and Lt. Smith then go to the home of Rowvaughn Wells, Tyre Nichols' mother. Hagerman then ended questioning regarding Mills' body-worn camera.
Audio from Mills' body-worn camera
Lead prosecutor Paul Hagerman played SkyCop video from the sceneon Castlegate, where Nichols was beaten, along with audio from Desmond Mills' body-worn camera.
As the video showed Nichols on the ground, officers could be heard yelling, "Give me your hands" and "Lay flat." Mills can then be heard threatening to baton Nichols and does so as officers repeatedly yell, "Give me your hands."
Hagerman let the footage and audio play without asking any questions.
Tadarrius Bean Body-Worn Camera
Hagerman then played for the jury body-worn camera from former officer Tadarrius Bean, one of the three officers on trial. Mills testified that Bean was in the car with him at the beginning of Bean's body-worn camera footage.
The footage shows Bean running after Nichols, tackling Nichols, and fighting with Nichols on the ground. Nichols can be heard screaming, "Mom." At times, Bean's footage is obscured, having fallen on the ground. Officers can be heard repeatedly telling Nichols to give them his hands.
Hagerman skipped ahead in Bean's body-worn camera footage. The footage resumes showing officers standing around after the beating. Nichols can be seen propped up on a car. As the officers talk about how they caught and beat Nichols, Bean takes off his body-worn camera.
Hagerman then played the SkyCop video synced with audio from Bean's body-worn camera.
The SkyCop camera pans over to film the police scene as Nichols calls out for his mom. While Nichols is on the ground, officers can be heard continuously telling him to "give me your hands" and to "lay flat." Mills enters the film and hits Nichols with his baton as officers yell, "Give me your hands." Nichols can be heard moaning throughout this.
Additional body-cam footage
Hagerman played "Blake's" body-camera footage. This is video from an officer who has not yet been brought up in trial. Hagerman said that this person will become relevant later in the trial.
This officer can be seen running up to the scene. This camera shows Haley kicking Nichols and Martin kicking Nichols, Mills said.
Again, Mills testified to hitting Nichols with his baton, acting out of anger, failing to intervene, and lying about the incident.
Tuesday, April 29, 9:10 a.m. - Desmond Mills Jr. Testifies
Desmond Mills Jr., one of the former officers charged in the death of Tyre Nichols, is on the stand. Mills pled guilty to federal and state charges and he’s testifying against his former SCORPION Unit team members in this trial. Watch his testimony here: https://t.co/PmTR0uk26v pic.twitter.com/GKfdJti2Rw
— Kayla Solomon (@KSolomonReports) April 29, 2025
Former Memphis Police officer Desmond Mills Jr. was the first witness of the day, second overall, called by the prosecution. Mills is also charged with the murder and kidnapping of Tyre Nichols. He accepted a plea deal prior to the federal trial. Prosecutors recommended a 15-year sentence for Mills, though that is not set in stone. A judge could sentence Mills to anywhere between supervised release and life in prison.
A plea agreement read out loud by Hagerman alleged that the officers beat Nichols, leading to his death, and covered up their actions when reporting it to their supervisors. According to the plea agreement, Mills' state sentence will run concurrent with Mills' federal sentence when he serves time in federal prison.
Mills said that he has met lead prosecutor Paul Hagerman twice and that the two have spent less than an hour together. Hagerman told Mills that the most important things were for the two to listen to each other and for Mills to tell the truth.
Mills testified that he understood that his sentencing would be based upon whether or not he told the truth.
Desmond Mills background
After the formalities, Mills testified that he's from Connecticut and that his parents are from Jamaica. Mills graduated high school in Connecticut and went to West Virginia State University, where he graduated. He then began his career in law enforcement as a correctional officer. He joined the Memphis Police Department after his time as a correctional officer.
Mills moved to Tennessee while he pursued his career in law enforcement. He has three children, 4, 5, and 7. Mills was with the Memphis Police Department for about six years before the night Tyre Nichols was beaten. He eventually joined the Organized Crime Unit, where he became a member of the SCORPION Unit. Mills said the SCORPION Unit officers were sent to areas where there was a lot of crime. "It's like a zero-tolerance policy. They wanted drugs, money, cars, and guns. That's what they wanted," Mills said.
SCORPION Unit
Mills explained that, as a SCORPION officer, he could be in any area of the city. His responsibilities included saturating an area and "enforce all crime, misdemeanor, or felony." Mills said the officers did traffic stops, whereas the drug team did investigations. Mills said his team focused on cars. "We did the traffic stops and used the traffic stops to find felony amounts of drugs," Mills said.
Mills said that his officers did "a lot of traffic stops" to find drugs, guns, money, and stolen cars. Mills testified that he joined the SCORPION Unit "around COVID time." At Hagerman's questioning, Mills testified that he had been on the SCORPION Team "a good amount of time."
Mills identified the other officers charged with Nichols' murder as members of the SCORPION Unit, along with Preston Hemphill, who is not charged with any crime related to Nichols' death.
Night of Tyre Nichols beating
Lead prosecutor Hagerman then brought the testimony to the night of Tyre Nichols' beating. Mills said that he and former officer Tadarrius Bean, on trial, had someone under arrest at a traffic stop in East Memphis, specifically Hickory Hill. Mills said that he had been sent to Hickory Hill that night.
"Right before me and Bean were about to search his vehicle, we heard on the radio an officer key up and say they had one to resist. He's been pepper sprayed and tased, and now he's running," Mills said. "Naturally, when you hear that come across the radio as an officer, you're supposed to go and help your fellow officer. So, we heard it, released the guy we had, got into my car, and we drove to the area of the location that they put out. When we got over there, the stop was Ross and Raines," Mills said. "When we got there, they said that Mr. Nichols went southbound on Ross. Me and Bean, we start driving down Ross, took a first left, and it was a residential neighborhood. We drove all around the neighborhood, and we didn't see Mr. Nichols, but when I pulled out to go southbound on Ross, as I was driving, I looked in my rearview mirror, and I saw Nichols there in the road. I turned around and said, 'What was the description of Mr. Nichols?' He said it. We rolled the window down to talk to him. Mr. Nichols took off running. That's when Bean started chasing him."
"So Bean took off running. I got out of the car. I started running and turned back because I forgot to lock the car. When I locked the car, I didn't see Bean or Nichols no more. So, I started running, and that's when I saw Bean again, Mr. Nichols, and I seen it was Smith's car. And there were some residents outside, and I asked them what's the name of this street, and I put it on dispatch, and I ran up with the rest of the officers, Bean, Smith, and Mr. Nichols. And then I ran up there, and I immediately pepper-sprayed him," Mills said.
Mills said when he arrived at the scene, he saw Bean and Smith holding Nichols. Nichols was on the ground at the time, Mills said. "I pulled out the pepper spray, and I sprayed again, and I sprayed him two times. It wasn't working. The third time I sprayed, I sprayed myself. When I sprayed myself, I backed away from Mr. Nichols, and Bean and Smith and I started collecting myself and my thoughts because when you get sprayed, you really can't see. I sprayed myself directly in the eyes. I back away. I was trying to collect myself, and at that time it was Bean, Smith, and, I believe, Martin was there now."
Mills then identified Justin Smith.
"I heard the officers keep saying, 'Give me your hands. Give me your hands.' Because I sprayed myself, I became angry. I pulled my baton out. I approached," Mills said. When Hagerman asked Mills how angry he became, Mills said, "Enough to pull my baton out. It made me angry... I approached Mr. Nichols. I told him, "I'm going to f'n baton you. I told the officers in the way to move, and then I used the baton on Mr. Nichols three times on the right arm, and then I stopped," Mills said.
Mills said he had been trained in the use of the baton. In regard to the way he struck Nichols, Mills testified that the use of his baton was consistent with his training. Mills said he was trained when to use a baton and when not to. "Are you supposed to use it because you're angry at somebody?" Hagerman asked. "No," Mills responded.
Mills said Nichols did not react to being hit three times on the right arm. Nichols' right arm was on the ground and his left arm was up, Mills said. Mills testified that Smith was holding his arm at that time and that Bean was still "in the area."
When he collected himself, Mills said that he was unaware that Emmitt Martin had kicked Nichols multiple times in the head. Mills testified that he did not know that Bean and Smith were holding Nichols down during those kicks until he watched the video. That video, Mills testified, was from the SkyCop camera.
Mills said he only found out that the SkyCop camera was there after he got back to the office after the beating.
"I was just standing there, and then my eyes were shut, and I heard a 'thump' sound. After the second one, I peeked with my eyes open, and I looked over, and I seen Martin was punching Mr. Nichols," Mills said. During that time, Mills testified that Bean and Smith were holding Nichols' arms.
"After I peeked and looked, I was wondering, why is he punching him? And then I didn't want to look no more because it didn't look good, how he was punching Mr. Nichols," Mills said. Mills said it didn't look right, like it could really hurt Nichols.
Mills testified that he does not recall Nichols making any threats. Mills said that he can't recall any officers making any threats but heard directions to hit Nichols when he watched the video.
"I believe, after I couldn't look no more, and then after that I believe that's when he was taken into custody," Mills said.
Mills testified that Martin is taller than he is and that Nichols was the smallest person at the scene. Mills testified that he never saw Nichols throw a punch, try to kick anybody, or produce a weapon.
Mills admitted that he was doing something wrong when he failed to stop Martin from hitting Nichols. He said that he understood that he had a duty to intervene due to the excessive force, a duty that his fellow officers shared. Mills admitted that he never said "Stop" and that he regrets not saying that. Mills testified that he never tried to get in between Martin and Nichols and stop the confrontation. Mills testified that he never saw Bean, Smith, or any officer try to stop the altercation either.
Mills said that he never handled Nichols, never held him up or pressed him down on the ground, but did admit to using his baton on Nichols three times.
Mills said that later, after watching his body cam, he saw Haley arrive.
Once Nichols was taken into custody, Mills said the fire department arrived.
"As they were there, Mr. Nichols slouched over on the ground. I yelled, 'Hey, look at him.' And I believe Smith said to the fire department, 'Bag him'." Mills said that he didn't tell the paramedics anything about the altercation.
While the paramedics were tending to Nichols, Mills said he was having conversations with the other officers. "I kept asking Martin what happened. Why did you stop him? How did we get over here? How did we get this? I was in disbelief at how Mr. Nichols looked... I had never been part of something where someone looked like this. So, I kept asking Martin over and over, 'Why did you stop him? What did he do? What did he have'?"
Mills testified that some of the defendants made statements about hitting Nichols, specifically that "everybody was rocking him." Mills said that, at one point in the video, Martin gestured to Mills to take his body camera off. Mills said that Martin wanted him to take his camera off so that the camera wouldn't catch something Martin wanted to tell him.
After the beating
Mills said that they then followed Nichols to the hospital and that Bean, who was in the ambulance, told Mills that paramedics were performing CPR. He said he did not want Nichols to die.
"We get to the hospital, and then they bring him inside of one of the rooms, and the doctors and nurses, they're working on him, and me and Bean were sitting outside the room," Mills said, referring to his time at the hospital with Nichols. "We were there for a long time."
Mills said that he and Bean left that night when Nichols was still alive.
Mills testified that he had a conversation with Demetrius Haley later that night. "When I spoke with him, he asked me if I seen him on my body camera doing anything," Mills said. "And then that's when I watched it real quick to see if he's on there. I told him, I only seen him running up on my body camera when I was walking away."
Mills said he could not see Haley kick Nichols on his body cam and that he only learned that Haley kicked Nichols once internal affairs interviewed him.
Mills testified that the officers had to speak to internal affairs and fill out forms regarding their encounter with Nichols. Mills said he had to fill out that form that night but failed to say that he used his baton because he was angry and that he did not say that Bean and Nichols held Nichols' arms while Martin punched him.
"When you use use-of-force, the form name is called Blue Team. On the Blue Team, I put the use of force that I used. I put what I did," Mills said. Mills said that he commented that "it was all by the book." Mills admitted that was an untruthful statement.
"I was just trying to—I knew it was a bad situation. I was just trying to make it seem better," Mills said. Mills admitted that he was trying to keep himself out of trouble. He said, at that point, he knew it was "real bad." "I was praying for him while I was out there," Mills said.
At that point, Mills was still unaware of the SkyCop video.
Mills then identified Demetrius Haley.
Mills later found out that the Tennessee Bureau of Investigation was investigating the incident. Hagerman then introduced pictures of Smith, Haley, and Bean.
Resuming testimony, Mills testified that he visited the home of Nichols' mother after the beating. It was a short walk, Mills said. At the home, Mills testified that he spoke to Nichols' mother, Rowvaughn Wells. His lieutenant actually spoke to Wells, Mills said, while he "hung back a bit."
Hagerman then showed the jury a picture of the area. Mills identified the area as Hickory Hills. Hagerman pointed out the intersection of Ross and Raines, where the initial traffic stop occurred. Hagerman then pointed out the intersection of Castlegate and Bear Creek, the area where Mills became involved and Nichols was beaten. Hagerman then pointed to the address of Nichols' home on Castlegate, where he lived with his mother. All of those locations are within less than a mile of each other. Hagerman pointed out where a second SkyCop camera was located on Ross Ridge.
Video of original traffic stop
Hagerman then played video of the traffic stop at Ross and Raines, where Nichols was originally pulled over. It was the body-worn camera of Memphis Police officer Preston Hemphill. Mills was not present at this scene. Hagerman explained that he only wanted Mills to identify the officers in the video.
Mills identified the video as Preston Hemphill's body cam. Mills identified Nichols' car and Hemphill's hands. Hagerman then played video of the officers dragging Nichols out of the car and putting him on the ground. Nichols can then be seen running off after Hemphill fires his taser.
Hemphill's body camera showed Hemphill talking to Haley, Mills said. Mills testified that he could hear Haley's voice and Martin's voice. He also identified Nichols as being the man on the ground. The video then shows Hemphill pouring water over Haley's face, attempting to wash pepper spray from his face. Justin Smith then pulls up in a car and asks Hemphill which way Nichols ran. Smith drives off in the direction Hemphill pointed. Smith then calls out over the radio. Martin can also be heard on the police radio. Mills explained that when the officers give numbers over the radio, those numbers identify an officer. Hemphill says, "I hope they stomp his (expletive)." Mills said that Hemphill did not go to the scene where Nichols was beaten. Video then shows Haley leaving the scene at Ross and Raines. When paramedics arrived at Ross and Raines, Hemphill told them that Nichols had been pepper sprayed and tased and pointed in the direction of the scene where Nichols had been detained. Smith then tells Hemphill on the radio to send the paramedics down to the scene where Nichols has been detained.
Hagerman then asked the judge to replay the first two minutes of the video. This is the portion of the video where Nichols is dragged out of his car and put on the ground. Nichols can be heard saying, "I'm just trying to go home," "I'm on the ground," and "I'm not doing anything," while officers threaten to tase him and "break his (expletive)," referring to his arms or hands.
Second SkyCop video
Another SkyCop camera shows a man appearing to be Tyre Nichols walking, appearing to hide between cars. Mills said that he could have been driving by Nichols as he walked down the street. Only one of two cars seen passing Nichols appeared to be a police car, Mills testified.
The court took a brief recess.
Tuesday, April 29, 9:06 a.m. - Day 2 of testimony begins
Court opened for the day around 9 a.m. When testimony begins, the prosecution will be calling its second witness.
Tuesday, April 29, 4:15 a.m. - Recap of Day 1
Former Memphis Police Officer Desmond Mills, who pleaded guilty to Tyre Nichols' deadly beating, is expected to take the stand Tuesday in the murder trial of his former colleagues.
Monday ended with emotional testimony from Nichols' mother, RowVaughn Wells. Wells told the jury around 8:30 that night, police came to her home and told her son had been arrested. Eventually, she said she found out he was in the hospital.
She told the jury that when she finally got to see him, she couldn't believe what she saw. She said, "My son was beaten to a pulp. His head was the size of a watermelon, his nose was broken, his neck was split open from the swelling, and he was bruised from head to toe. It was like they beat the (expletive) out of him; that's what they did."
In opening statements, Tadarrius Bean's attorney testified that an officer tried to pull Nichols over for speeding, but he didn't pull over for about two miles.
Monday, April 28, 4:26 p.m. - Jury excused for the night
The jury was excused for the day at 4:26 p.m. Trial is expected to resume at 9 a.m. CST Tuesday.
Monday, April 28, 3:49 p.m. - Cross examination of RowVaughn Wells
John Keith Perry declined a cross-examination of Tyre Nichols' mother, RowVaughn Wells. Stephen Leffler, an attorney for Demetrius Haley, chose to cross-examine Wells. After private discussion between defense attorneys, the prosecution, and the judge, Leffler decided not to cross-examine. No defense attorneys cross-examined Wells.
— Kayla Solomon (@KSolomonReports) April 28, 2025The first witness to take the stand for the state is RowVaughn Wells, the mother of Tyre Nichols. Here she’s looking at a photo handed to her of him in the hospital after he was beaten. She said her son was “beaten to a pulp”.
Watch the livestream here: https://t.co/urVoivVlaV pic.twitter.com/iAMhCsvewA
Monday, April 28, 3:19 p.m. - First witness, Tyre Nichols' mother
RowVaughn Wells, the mother of Tyre Nichols, was the first witness called by the prosecution.
Wells told the jury that she lived on Castlegate Lane on January 7, 2023. Tyre lived at the home with her and her husband, Rodney Wells. Tyre and Rodney both worked at FedEx.
Tyre was not home when she woke up that morning, Wells said. He came in around 11:30 a.m. Wells said that Nichols got up around 2 p.m. after taking a nap. He left home around 3:30 p.m., Wells said, after the two had a conversation about dinner. Wells said he never came home.
The last she heard about Tyre was around 8:30 p.m. when she and Rodney Wells got a knock at the door from Memphis Police officers. Wells said that the officers told her that he had been pulled over for DUI and asked about his drug use.
"They said he had all this wild strength and everything and that they had to end up pepper spraying him and tasing him. That still didn't sound right to me, so I made a statement that if all of that happened, then somebody must have put something in his drink or something if all of this stuff happened," Wells said. "So the officer told me that they would be taking my son to the hospital. I asked where my son was, and the officer said that he was nearby".
Wells said the officers did not tell her where exactly he was and told her that she could not go to the hospital because Tyre had been arrested. When those officers left, Wells said she began pacing the floor, got her phone, and started trying to call Tyre.
"He didn't answer. I told my husband, 'Come on. Let's go. Let's try to find Ty. He took a little too long, and I jumped in the SUV. There was a police officer sitting out there... Because they said they were taking him to the hospital, we assumed it would be St. Francis. As we got in our vehicle and drove to Raines and Castlegate, we made a right on Raines—no, we made a right on Ross. I'm sorry. We got down to Raines and Ross, and that's where we saw Ty's car," Wells said.
Tyre Nichols' mother said the location was about half a mile from their home. She said she spoke to an officer at that scene. That officer asked Wells if her son was on drugs, claiming Nichols had "Hulk Hogan" strength because they had to do all of these things to him to arrest him. Wells said she did not recall if that officer gave her any answers, but that the officer did tell her that her son had been arrested for DUI.
Around 4 a.m., Wells said she received a phone call from a doctor at St. Francis Hospital. The doctor asked her if she knew her son was in the hospital. She said she heard that he was tased and pepper sprayed.
"The doctor said, 'No, ma'am. Your son is sick.' I said, 'What do you mean he's sick'?" Wells said.
A defense attorney opposed Wells testifying about what the doctor said regarding Nichols' diagnosis.
Wells testified that she got extremely concerned about Tyre after that phone call. She then went to the hospital with her cousin. When she walked into the hospital, Wells said she saw another Memphis Police officer. She said she asked the officer if he was working late. He replied that he was going to sit with a prisoner. They all walked to Tyre's room together, Wells testified.
Tyre Nichols' mother said that, when she entered the room, she saw her son and immediately fell out.
"My son was beaten to a pulp. His head was the size of a watermelon. His nose was broken. His neck was split open by the swelling. He was bruised from head to toe. It was like they beat the (expletive) out of him. That's what they did. They beat the (expletive) out of him and left him for dead. That's what they did," Wells said.
Wells said she lay on Tyre and started crying. "I just burst out and I said, "What the (expletive) is going on here? This does not look like no pepper spray and no tasing," Wells said.
Wells testified that she and her husband were then led out of the room. She said that TBI took over the case while they were at the hospital and all the local officers left the room.
Tyre Nichols was not responsive that night and was on a breathing machine, Wells said. "The machine was keeping him alive," she said. Well testified that she knew her son was "gone." "There's no way my son would've survived that. He was already deceased, basically. I say, they must keep him on those breathing machines for 72 hours. But my son was deceased.
On January 10, Wells said she received a phone call from a doctor informing her that her son had been pronounced deceased. "I lost it. I dropped the phone, and I lost it because the first thing I had to do was try to figure out how I'm going to tell his siblings that their little brother is deceased. That was one of the hardest things that I've ever had to do as a mother, to explain to them," Wells said.
Wells testified that Tyre Nichols was 29 when he died. "He was a 29-year-old young man still trying to find his way in life," Wells said. "He still hadn't found his way yet. He was getting there."
Assistant District Attorney Melanie Headley then gave Wells a picture of her son, and she identified him. Wells testified that she later learned that Nichols was beaten about 80 to 100 feet away from her front door. Headley then introduced a picture of Tyre Nichols taken at the hospital, and Wells identified Nichols in that picture.
Monday, April 28, 2:57 p.m. - Defense for Justin Smith
Martin Zummach, defense for Justin Smith, then spoke to the jury. Zummach told the jury that the indictment for murder came back before Nichols' autopsy and toxicology reports came back.
Zummach then said that both officers who pleaded guilty would provide favorable government statements to avoid a lengthy prison sentence.
"During that period of time while they're waiting on an ambulance, only one cop is monitoring Tyre's respiration rate," Zummach said in telling the jury that Smith called for medical help. "That was Justin who called. So don't tell me that Justin Smith was not concerned about the medical care of an unknown suspect who had not been searched, who was fighting with the cops, and who had been tased and sprayed."
Zummach said that Smith, if anything, was a horrible navigator. He said that Smith pulled up and asked Hemphill which way he went. Zummach called Hemphill chubby. He said Smith followed in the direction that Hemphill pointed.
"By the way, this after-the-fact business that the taser didn't work—nobody knew that then. I don't even think Tyre Nichols knew that he hadn't been tased. But if you don't get medical to check someone out, you can find them later in a bush dead. But Justin calls dispatch to set a perimeter up to get this guy."
Zummach said, "We people who are not cops who don't work a 6 p.m.to 2 a.m. shift in the second-most dangerous city in the United States don't understand what it like to run down a dark (street) after a suspect."
The attorney said that Smith made about one felony arrest a day. "We are the fifth most dangerous city in the world for murder, and Tadarrius Bean is chasing this man down a dark street and tackles him. Justin's sitting in his car and sees this happen. So Justin makes the choice to get out of his car and help Tadarrius get this guy in handcuffs. The first thing Justin and Tadarrius said was, 'Bro, give me your hands. Give me your (expletive) hands. Just give me your hands.' They want to make an issue of the fact that they already had his hands," Zummach said. The attorney argued that, even though both officers had hands on Nichols, Nichols kept them from getting his hands behind his back.
Zummach also mentioned that only one handcuff was on Nichols. "The MPD trains their officers that if a suspect gets the cuffed hand away, you can use lethal force on them. Shoot them. That's how they're trained."
Zummach then said that Mills pepper sprayed everybody in the group. "One squirt in the eye will shut you down. You're not going to breathe. You're not going to see. And remember, you're on a dark street with one handcuff."
The attorney said Smith's glasses were knocked off during the confrontation as he was pepper sprayed. He then told the jury that Martin and Mills took a 90-second break after being pepper sprayed. While that happened, Bean and Smith continued to hold onto Nichols, Zummach said. The attorney said that Smith wasn't even supposed to be at work on the night Nichols was beaten.
"These cops arrest violent felons every night, and every cop who comes in here and testifies will tell you that Tyre Nichols was the most difficult arrest they've ever made. He had superhuman strength," Zummach said.
Smith's attorney then questioned why Nichols ran from the traffic stop and allegedly resisted getting out of the car at the first traffic stop. "Why'd he run away from that car? Why'd he abandon that car?" Stengel said. "He's facing a reckless driving charge? You get a gold star in Memphis for that."
Zummach then argued that, after he ran, Nichols hid from officers.
The attorney then brought up the definition of second-degree murder and emphasized the phrase "reasonably certain."
"When you hear about Justin Smith and Tadarrius Bean doing what they did that night, there's no way those men should be responsible for Emmitt Martin. You'll also hear proof that Emmitt Martin was deranged. To some people he had admitted to being homicidal... The cops have to rely upon other cops. You've got to rely upon other cops on your team to do the right thing at the right time. No one could have expected, much less be reasonably certain, that Emmitt Martin would come and crush the brain of Tyre Nichols."
Zummach then said that the jury would hear proof that Smith never allowed another cop to abuse a suspect. "You will hear direct proof that, not one month before this, Justin Smith turned in a SCORPION Team cop for slapping a handcuffed suspect... Justin Smith was proud of being a police officer," Zummach said.
Smith's attorney then spoke about Smith's background, saying that the only job he applied for after college was to be a Memphis Police officer.
"You will hear Preston Hemphill describe Justin Smith as 'kind and gentle,' yet he's standing here, lost his career, and charged with second-degree murder," Zummach said. "At the end, I think good things will happen for Justin. Because no matter what the politicians want done to all these cops, indicting cops is a big thing these days, you will be the final word on whether or not Justin Smith broke the law, and I'm confident in you."
Monday, April 28, 2:21 p.m. - Defense for Demetrius Haley
Defense attorney for Demetrius Haley, Michael Stengel, said the theme for the trial is "choices." He told jurors that Haley completed field training and became a patrolman. In October 2022, he was assigned to the SCORPION Team 1. Stengel said that those officers did not have one particular area to control. Stengel said those officers were sent to the most dangerous areas of Memphis in undercover cars.
"They were undercover. There was no in-car video on these undercover cars. They also had interior blue lights. They dressed differently. They were in all black. They had tactical vests with 'POLICE' written on them, all in reflective. They also had masks. They had different radios. They had their own radio channel that was encrypted," Stengel said. "Their job, designed by the command staff, was to saturate these high-crime areas and make traffic stops. The law is very clear, and these officers were trained at the academy, and the U.S. Supreme Court said, If you see a traffic violation, it is okay to make a traffic stop even if you have (another) motive."
Stengel said that SCORPION officers made traffic stops but were really looking for gun modifications, drugs, and people with warrants. The attorney then explained the difference between a normal traffic stop and a high-risk stop, saying the latter could be someone who has just shot somebody and carjacked a car.
"Policing is dangerous. You never know what you're going to encounter," Stengel said.
The attorney then said that Martin got on the radio and put out a call for a speeding car that just ran a light. Martin said he was going to pull it over. Haley acknowledged him and helped with the traffic stop along with Preston Hemphill, Stengel said.
While driving down Riverdale, with a 45 mph speed limit, the car "chose not to pull over," Stengel said. "When choosing not to pull over, he chooses to commit at least two more traffic violations you'll hear of. He's still speeding, and at least twice he switches lanes without turning on his signal, putting another car between him and Martin. Martin, Haley, and Hemphill are following the blue Nissan down Riverdale in excess of 45 mph. The blue Nissan turns right on East Raines, and East Raines is also a 45 mph zone. There's a little crest in the hill before they get to Ross. The proof will show Hemphill got up to 64 mph in this 45 mph zone and was falling behind. He lost the other cars as they crested that hill. But he crested that hill, and right at that intersection the light was red. The blue Nissan is in the left turn lane. Haley's car is on the left side. Martin's car is on the front passenger side. Hemphill, you'll see his body-worn camera; you'll see virtually the entire stop. You see Haley leave his car. You see Martin leave his car, and, of course, the camera shows Hemphill leave his car. The driver's choice not to stop, and you'll hear that it was obvious that the driver was avoiding pulling over when blue-lighted with the siren, that in police talk the driver was 'getting little' on him, disappearing, running, fleeing by car. That in and of itself, according to the officer's training and procedures, changes what would have been a routine, unknown traffic stop to elevate the risk somewhat. It makes sense; people pull over for lights and sirens."
Stengel argued that Nichols's actions were "unusual behavior, very unusual." The attorney said that, consistent with Haley's training, he got out of his car and used 'verbal judo.' He loudly and profanely ordered the driver out of the car. The driver chose not to get out of the car. Haley approached and opened the door. He's continuing to give commands. Commands are being given. Haley approaches the door, opens it, and the driver leans away from him."
Stengel said Haley then used "soft hands" to pull Nichols out. Haley reaches back out, pulls him out, and it was Demetrius Haley. Demetrius Haley on the driver's side pulling him out. I think Mr. Hagerman misspoke when he said it was Martin pulling him out of the car. Haley got him out of the driver's seat using the soft hands technique and put him in the A-frame of the car to get his hands behind his back, handcuff him, and detain him for this increased-risk traffic stop. The driver chose not to comply and not to allow his hands to be cuffed and indeed spun around on Haley in the A-frame with Emmitt Martin and Preston Hemphill there. At that moment, once the driver has chosen that, Emmitt Martin announces, 'Let go of my gun.' Now the danger and risk have dramatically increased. All officers are trained to keep track of their guns. Never let a suspect get your gun. With that announcement, the driver is taken to the ground, where he is still not compliant. He still chooses to blade himself rather than lie flat. He's still resisting rather than putting his arms behind his back. Haley uses his pepper spray. They're down on the ground, and in an attempt to pepper spray the driver, Haley gets himself. At that moment, the driver chooses not to comply. He gets up and gets away from all three officers. As he's running, he's initially running toward an open door on a vehicle that's running. Officer Hemphill shoots his taser and misses. The driver is off running southbound on Ross. Haley and Hemphill chase him. The chase is very short... The driver is frankly faster than Hemphill. Haley is overcome by pepper spray. The proof will show how debilitating pepper spray is. Haley tells dispatch, 'We've got one running. Let everybody know to be on the lookout.' He gives a general description of the gun and lets everybody know he's been pepper sprayed and tased."
Stengel said that Haley was "virtually blind" by the pepper spray.
"For the next seven and a half minutes, Haley, with Hemphill's help, is at Ross and Raines with the police cars, literally trying to pry his eyes open to have water dumped on him to flush out the pepper spray. Proof will also show that there is no real remedy for pepper spray," Stengel said.
The attorney argued that Hemphill was dumping water on Haley's face and eyes during those seven and a half minutes. Stengel said the officers were still hearing the police radio and dispatch and that Haley learned that other SCORPION officers spotted Nichols at Ross and Castlegate and that he, again, led officers on a foot chase.
"So Haley learns that the suspect has run again, a third flight," Stengel said. "While he's still trying to recover, it comes over the radio from Justin Smith that they've caught the suspect and that they need more cars because he's fighting. After seven and a half minutes, there's been enough recovery. Hearing his fellow officers needing help, Haley puts his vest back on, gets back in the car, and heads to Castlegate. He arrives there at 8:36 p.m. and 15 seconds. When he arrives, he knows this is the suspect. He knows he's fled three times. He knows he's gotten away from Haley, Hemphill, and Martin. He knows he's fled from Mills and Bean. He knows that Justin Smith has called for more cars because he's fighting. As he arrives, the driver and a couple of officers are down towards the ground. The driver has a handcuff on his left wrist. Nothing on his right wrist. He is not detained, and the police training is that that single cuffed wrist is a weapon, a potential weapon, very dangerous. Haley runs up and chooses to follow his training, using now the hard-hand technique... In an attempt to get that arm released so that the other officers on the ground with him can get him handcuffed and detained. It works, and within seconds the driver is handcuffed and detained. Seconds after that, consistent with his training, Haley gets on the radio and tells dispatch, 'We need an ambulance. The suspect has been pepper sprayed, tased, and everything'. Those are his exact words."
Stengel told the jury that they will hear from expert witnesses, that they will see body camera footage, and that Haley used soft hands at the original traffic stop.
"The driver took off and ran. Hemphill used or attempted to use his taser. At Castlegate and Bear Creek, you'll see that the driver was tackled; I believe it was Officer Bean. Bean and Smith were the first two there. Mills was the third one there. Mills used pepper spray three times and the baton on the same right arm. Martin, seen once, kicked him twice in the head and punched him five times in the head and face. All before Demetrius Haley arrived. The proof and common sense show that you can't intervene in something you weren't there for and didn't know about," Stengel said.
"Demetrius Haley had a duty to render aid, and he did once the suspect was detained. He virtually immediately called for an ambulance. While this is going on, back at Ross and Raines, Hemphill is still with the cars, and, of course, he has notified the dispatch that medical response is needed because of the use of pepper spray and a taser. Again, that is MPD procedure. Immediately after Haley left Ross and Raines, I say immediately, virtually immediately, within a minute or so, the fire department arrived at Ross and Raines... There were two EMTs. Robert Long and JaMichael Sandridge. They got out with their bags, and they approached Hemphill at Ross and Raines, and while they were there, they learned that they were called out not to treat an officer who had been pepper sprayed but to treat the suspect who had been pepper sprayed, tased, had been fighting with the officers, and had fled and who was at a different location several blocks away. They also learned that the suspect would not be brought back to Ross and Raines for treatment, but they were to go down Ross to Castlegate. They did. Once they got to Ross and Castlegate, and you'll learn Bear Creek is a small cove a block up from Ross, there were so many police cars at that intersection that the fire engine couldn't get up there. They parked and were directed to the suspect. And they also overheard officers saying at the scene that they believed the suspect was on something. While those EMTs were there, they, along with law enforcement, got the suspect's wallet out and learned that his name was Mr. Tyre Nichols. He was nothing to Demetrius Haley or any other MPD officer other than the driver of that blue Nissan until that point."
Stengel said that Nichols was alert when the EMTs arrived, confessed to drinking alcohol, didn't respond to a question about drug use, didn't complain of pain, didn't comment on what had happened, and repeatedly said, 'I want to be uncuffed,' and stood up.
"Those EMTs spent the next 14 minutes standing and observing Mr. Nichols," Stengel said. "They also can't remember if I said they checked and his pupils were pinpoint, which, to them, was indicative of suspected drug use. Because of that, EMT Long called for an ambulance. He and Sandridge stood and observed Mr. Tyre Nichols for roughly 14 minutes. No vital signs were taken, although their paperwork said they were. After that 14-minute mark, an officer is off-camera, but you hear the voice—I believe it is Justin Smith—an officer says something: 'Hey, are you okay?' Directed at Mr. Nichols. EMT Long notices a change in Mr. Nichols's condition. He performs a sternum rub to see how responsive he is. Mr. Nichols responds to that. At that same time, the ambulance arrives."
Stengel told the jury that paramedics then arrived. He said paramedics can provide a higher level of care than an EMT. The EMT gave Nichols Narcan to counteract an overdose, Stengel said. "At this time, Mr. Nichols has gone from alert and oriented to unresponsive," Stengel said.
"The facts here are tragic," Stengel said. "Demetrius Haley was present for portions of this. But a tragedy does not mean a homicide occurred. Haley's presence during portions of this tragedy does not mean he engaged in criminal conduct. The proof is going to show that Demetrius Haley chose to participate in policing, which can be dangerous, ugly, and dirty, but he followed his training that night."
Stengel called the burden "beyond a reasonable doubt" the "highest burden" in our legal system. "It is higher than the burden the state would have to meet if it was trying to take custody of a child from his or her parent. That's how high beyond a reasonable doubt is," Stengel said. "The state will not be able to prove the elements of this murder, kidnapping, assault, or oppression charges against Demetrius Haley."
A paramedic and several EMTs were in that ambulance, according to Stengel.
Monday, April 28, 2:16 p.m. - Court resumes
Court resumed just after 2:15 p.m. Attorneys for Demetrius Haley and Justin Smith, respectively, are expected to give opening statements. Judge Jones said that the air conditioning in the courtroom is not working.
Monday, April 28, 12:47 p.m. - Lunch break
Following the opening statements by Tadarrius Bean's attorney, John Keith Perry, the court took a lunch. The trial is expected to resume at 2 p.m. CST.
Monday, April 28, 12:11 p.m. - John Keith Perry opening statement
John Keith Perry, defense for Tadarrius Bean, told the jurors that these officers go into dangerous parts of Memphis. Perry argued that the SkyCop camera up in the air didn't capture the scene as good as the body-worn camera. Perry argued that officers asked Nichols to give him his hands over 50 times and that they can't tell what Nichols was doing on the ground from the SkyCop camera. Perry argued that there'd been a spike in crime in the area.
"Police work is dirty work. It just is. It doesn't mean that the men are dirty. He keeps saying, 'I'm not calling them monsters.' He can't call them monsters because y'all have common sense," Perry said.
Perry argued that Nichols sped away from officers, turning the traffic stop into a high-risk traffic stop. Perry argued that Nichols was not hit, punched, or tased until he ran from the officers. He said that Bean was three miles away at the time of that original traffic stop.
"I have news for you, that's an SEC wide receiver size... That's the size of somebody that has the ability to overcome three grown men," Perry said of Nichols' body size.
"While Tadarrius Bean is on this site and they're about to arrest the person that's in custody and they're making small talk with, they have to let him go," Perry said of the call Bean was on prior to responding to the Nichols call. "When you hear that call, it tells you one thing. It's dangerous. Let's go. They drive three miles, and they start trying to do their job. You'll hear evidence; it's clear. They didn't want to hurt anybody. They wanted to do their job. They wanted to be safe."
Perry said that Bean made eye contact with Nichols, and "he does what he has to do, or he'll get fired. He doesn't have the option to say, 'I need to figure out what he's got,' Perry said. "All he can do is get out of his car and run like hell to catch that man with 40 pounds of gear... But there's a telling point in this. Justin Smith drives up while Mr. Bean drives and asks one question, 'Which way did he go?' Because he knows that my partner in arms may be out there trying to apprehend this person."
Perry then pointed out, regarding the struggle, that Bean turned his camera on. "You're not trying to kidnap or aggravated assault somebody when you record yourself," Perry said. Perry argued that officers repeatedly called for Nichols's hands and that Nichols did not give his hands to officers.
Perry then told the jury about Bean's background. "He had no write-ups before that night... Had no verbal or written reprimands. He took his job dead seriously... I want you all to judge (Nichols') actions. That he drove two miles away from blue lights and sirens... You'll see that he ran from Bean after making contact. He refused to stop. He refused and resisted arrest. He was actively resisting the whole time. And you can ask the question yourself. Does he have a right to do that? Was he actively resisting by running, walking, and pulling away from Bean?"
Perry then told the jury about the SCORPION Unit, saying it consisted of three teams and focused on crime spikes in certain areas. Perry argued that the SCORPION Unit was effective and reduced the murder rate in Memphis.
Perry told jurors that they will hear about "hard hands." "Kicks are in the hard hands policy. They followed the policy," Perry said. Bean's attorney said that the jury will hear about taser policy and that they will hear about the difficulties of handcuffs. "It will be consistent testimony that that is one of the most difficult aspects of the job," Perry said.
Bean's attorney told the jury that they will get to weigh the witnesses, mentioning that two of the former officers may have taken a plea. "You'll have an opportunity to weigh why Mr. Mills is testifying in a certain way... But as it relates to Bean, there's nobody ever saying that he's ever done anything wrong."
Perry said the jury will also hear expert testimony and told the jury to ask themselves how many times the expert has testified and to question their expertise on police training.
Bean's attorney then addressed the kicks delivered to Nichols. "This is that relative 3-minute period that they're struggling... Two kicks, all by people other than Mr. Bean. Three hits with the baton, one with an open hand—the punches are done by Mr. Martin, and you'll see that the punches happened within a 13-second window. While they're holding, one hand is cuffed, one hand is not cuffed, and you'll hear expert testimony about releasing the hands. If you release the hand of a cuffed man, he has a weapon way more dangerous than anybody on that scene. The jagged edges of a handcuff can kill you," said Perry.
Perry then argued that Bean had multiple opportunities to punch or kick Nichols and did not. "You'll hear it. He says, 'Give me your hands, bro. Give me your hands, man. Give me your hands."
Perry walked the jury through the video as it pertains to Nichols' body movement and the position of his hands.
"So you heard during Mr. Hagerman's presentation the sad realities of it. Nobody here is here to dismiss the fact that somebody's life was lost. But that person was not lost because these officers had some type of gripe with that person. Mr. Bean only hears that callout, only goes to that scene... Mr. Bean has been pepper sprayed just like Mr. Mills, except that he doesn't have the luxury of walking off and going back like Mr. Mills did. If Mr. Mills used the baton out of anger, that's not Mr. Bean saying, 'Hit him with a baton.' Now, I kind of glossed over it because it was on the PowerPoint, but you will see that the training under the conditions that these men faced, being pepper sprayed and having an active resister, MPD training trains you to administer way worse than anything you've seen... We're simply asking that you not create some account of the actions in the cool, calm light of this room versus the training men were acting under that night... Mr. Bean has no prior complaints of anything. At this particular occasion, he did not have the opportunity to say, 'No, I'm not going to chase, and I'm not going to try to place handcuffs on this man.' Men trying to do their job, and it's a dirty, hard job," Perry said.
Monday, April 28, 11:34 a.m. - Prosecution makes opening statement
Lead prosecutor Paul Hagerman began by reading the autopsy number for Tyre Nichols and telling the jury that he worked at FedEx with his dad. His autopsy, Hagerman said, reads "blunt force trauma," but Hagerman said it looked more like a car wreck.
"His head accelerating but his body staying like when you're in a car wreck in a seat belt... (It) actually tears his brain and tears his brain from his skull, except this 29-year-old didn't get these injuries in a car wreck. The proof will be that he got them by being beaten to death by five Memphis Police officers. The young man's name, Tyre Nichols," Hagerman said.
"How did this happen? How does this happen? Five Memphis Police officers beat this young man to death, tearing his brain from his skull. Does it happen because it's five monsters? No. Nobody's going to call them monsters. It doesn't take monsters to kill a man, though. It doesn't take monsters to kill a man. You'll see for yourself how Emmitt Martin, who delivered such huge blows, how Desmond Mills, who delivers the baton again and again, how Tadarrius Bean and Justin Smith hold and restrain Tyre Nichols, who Martin is doing what he's doing, and how Haley runs up and kicks him. Some did more than others. Absolutely. But all five of these men helped in this terrible, terrible thing. Nobody's going to call them monsters. Five men helping each other beat a man to death," Hagerman said.
Hagerman then told the jury that Nichols was on his way home to his mother's house to eat. He then described to the jury the area where the beating happened. He told the jury that Tyre Nichols was driving his car around 8 p.m. on January 7, 2023. "This is where, and you'll see for yourselves, all the answers that we don't have. There's limited information about how this started. Presumably, and I'm not going to take issue with it... There's no proof Tyre Nichols was speeding. All five of these men are police officers. They work together in a unit known as the SCORPION Unit... They're sent out to various areas that they're having a problem with... anti-crime suppression-type activities. They're out in Hickory Hill that night. Presumably, Emmitt Martin catches Tyre speeding. At some point, Martin activates his blue lights. Whether Tyre saw that or not, we don't know... Emmitt Martin stops his blue lights and turns them off. Drives, presumably faster to catch Tyre Nichols, probably a distance of two miles-ish," Hagerman said.
Hagerman said that Martin again activated his blue lights about two miles later, and Demetrius Haley also stopped.
"Tyre Nichols car is stopped, making a left-hand turn at the red light... Martin stops, Haley stops, and this traffic stop, I guess that's what I'll call it, begins. There are a couple of seconds of the traffic stop that we're not going to be able to see because what we see at the traffic stop is a body cam. He's the third officer on the scene, and he gets there real quick. He's also on the SCORPION Team. His name is Preston Hemphill. He's not indicted in the case. You will see his body cam and this traffic stop for yourself. It's not going to look like any traffic stop you've probably seen before. You will see Emmitt Martin rip Tyre out of the driver's side of a car. Tyre is by himself. You will find Emmitt Martin extremely agitated. You will see Demetrius Haley extremely agitated. You will see Tyre Nichols thrown to the ground, various things yelled at him... He'll respond to them, 'You guys are doing a lot right now.' Then they pepper spray him. He's on the ground being surrounded by Hemphill, by Martin, and by Haley. He hasn't thrown a punch or a kick. He's being yelled at and threatened. He tells them you guys are doing a lot right now, and then he's pepper sprayed, but they also manage to pepper spray themselves. When they pepper spray themselves, Tyre gets off the ground and starts to run away. He runs in the direction of his home. When Hemphill tases him, it appears that it doesn't really make contact. So Tyre is able to take off running. This traffic stop is going to look very confusing, very fast. You'll hear Martin say, when he rips Tyre out of the car, something about his gun. Martin's gun. Tyre does not have a gun... You'll hear Martin say different things about what happened... What's important is whatever that first traffic stop is, the traffic stop I told you you're not going to be able to make any sense of, they're not even charged with criminal conduct with regard to that. This story hasn't even started yet.
"They're not even charged with criminal conduct having to do with that. Smith and Bean weren't even there. But they're not even charged with that first traffic stop because what happens next, what happens next is what we're here for this week. Some neighborhoods have a couple of cameras in them. In Memphis, when these things were put up, they were called SkyCop cameras."
Hagerman then explained to the jury that officers in the Real Time Crime Center can access these SkyCops when they hear something going on nearby. Hagerman said one of these cameras will show Nichols hiding from the officers. Then he addressed the camera that captured the beating.
"This camera, these officers didn't know about. This camera catches what we're here for. The camera doesn't have audio. Some of the officers' body cams—you can imagine it's hard to see stuff through body cams, but the body cams have audio... What we're here for this week is what you see on the camera these guys didn't know about. It doesn't take monsters to kill a man. It took five Memphis Police officers who were frustrated, who were mad, and who had adrenaline and anger overcoming," Hagerman said.
Hagerman told the jury that the call came out that officers were at that intersection, leading an officer in the Real Time Crime Center to swivel the camera. Hagerman then walked the jurors through the SkyCop camera.
"Let me tell you real quick what you're watching for. Bean and Smith are on top of Tyre Nichols, definitely not delivering any death blows or anything like that... but it's Bean and Smith who are sort of on top of him. You will see Desmond Mills; it may have already happened, going to pepper spray Nichols while Bean and Smith are doing whatever they're doing," Hagerman said.
Hagerman said Mills pepper sprayed himself and took a break, leaving Bean and Mills on top of Nichols. "That point of the video gets graphic because Emmitt Martin is also there, and you'll see Emmitt Martin walk up to Tyre Nichols as Bean and Smith have him pressed on the ground, and you'll see first what is a catastrophic soccer-type kick to his head. Bean and Smith have him down. You'll see Martin with a very strong kick to his head. Tyre will collapse a little further on the ground, and you'll see Martin kick him again in the neck and the face. You won't see Tyre Nichols throw a punch, kick, say any words, or do anything. He'll take a soccer kick to the head and another kick to the head. Mills comes back angry, 'I'm goin to baton the (expletive) out of you.' Bean and Mills hold Tyre in position," Hagerman said.
Hagerman said that Mills then hit Nichols with the baton. Bean and Smith then handcuffed Nichols, Hagerman said. Martin then returned. Hagerman said there was then a small kick to the head by Smith, though it wasn't a "death blow." Smith and Bean then hold Nichols's hands as Martin hits Nichols in the face, Hagerman said. Hagerman said Nichols's head snapped while Bean and Smith held his arms. "Finally, it's been four on one, and Tyre is the smallest guy. Doesn't throw a punch or a kick, doesn't have a weapon. Finally, they lay him out on the ground. Well, it's over now, right? I mean, soccer kicks to the head and baton strikes just because you're mad? Holding him while Martin's hitting him? Don't forget about Haley. Remember when Martin made a traffic stop? There was Martin, and there was Haley. He's heard where these guys are. He gets out of the car and yells, 'Beat that man's (expletive).' He literally jogs up, and he kicks him. Kicks him just to do it. Don't forget about Haley. And if that's not enough, Martin comes back to kick him one more time too," Hagerman said.
Hagerman walked the jury through the video as Martin punched Nichols in the face five or six times as Nichols was held by Bean and Smith.
Hagerman again told jurors that Nichols did not throw a punch, kick, have a weapon, or say a threatening word.
"You will literally hear him crying for his mom. Yelling for his mom to come while that's going on. You'll hear the officers saying, 'Give me your hands.' Bean and Smith already had his hands. They were just yelling that so we can keep doing what we're doing. Remember the law of criminal responsibility? If you help, it doesn't matter who throws the death blow. Also remember the law: all five have a duty to intervene; they have a duty to help Tyre Nichols after that psycho kicked him in the head... but not a single word from one of them. Nobody said stop, not even once," Hagerman said.
Hagerman said Nichols was handcuffed before emergency personnel arrived, that he was unresponsive, and that Haley went over with his personal cell phone and took a picture of Nichols to send to his friends.
When emergency personnel arrived, Hagerman said the officers told them that "he must be on drugs or something" and that he got pepper sprayed, failing to mention a single word about the trauma Nichols endured.
Hagerman said the officers talked after the beating and said, 'We hit him with so many pieces. We were all rocking him'. Hagerman said that Martin then made up a narrative about Tyre driving dangerously "while Tyre sits there dying. Not a word from any of these five men about the hits to the head."
"Tyre Nichols is the victim's name. We're going to ask for justice for Tyre. This happened because these officers were overcome, and they didn't know that pole camera was there. Justice for Tyre. These men were reasonably certain a kick to the head, those huge haymakers, would cause death. They took part in it, but even beyond that, they had a duty to stop it. Aggravated assault, five of them. They caused serious bodily injury; they did it together, and they had a duty to stop it. Aggravated kidnapping—illegal confinement with false imprisonment of a person that either causes bodily injury or the people doing the false imprisonment have guns. They're Memphis Police officers. They have guns. Is an MPD officer allowed to arrest somebody? Of course they are. Maybe even earlier they were allowed to arrest Tyre Nichols. But at some point, this ain't no legal arrest anymore. Tyre is purely and 100 percent a victim, and those men have him imprisoned falsely when he's handcuffed next to the patrol car, and they're not even telling the medical personnel about the head blows. They had a duty not to do this. They had a duty not to do this, and they put Tyre through hell. At the end of this, that's what we're going to ask you for. Justice for Tyre Nichols."
Tadarrius Bean has arrived for the first day of the state trial in the murder of Tyre Nichols. Bean, Demetrius Haley, and Justin Smith are facing charges of second-degree murder, aggravated assault and kidnapping, and other charges. Opening statements start momentarily. pic.twitter.com/0tZHuVpii3
— Kayla Solomon (@KSolomonReports) April 28, 2025
Monday, April 28, 11:32 a.m. - Jury makeup
The jury of sixteen people, including twelve jurors and four alternates, includes six men, and ten women, none of whom are Black.
Monday, April 28 11:24 a.m. - Reading of indictment
Lead prosecutor Paul Hagerman read the indictment, informing the jury that the three defendants "unlawfully and knowingly" killed Tyre Nichols between January 6 and January 11, 2023. The indictment charges the defendants with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct, and official oppression.
Monday, April 28 11:22 a.m. - Stipulation of facts
The prosecution and defense agreed that certain videos and audio will be entered into evidence without need of proof. That is flash drive exhibit one. A list of stipulated videos has been introduced, signed by the state and all defense attorneys. This means that no proof or authentication is needed for these videos and audio.
Monday, April 28: 11:12 a.m. - Jury enters courtroom
The jury entered the courtroom just before 11:10 a.m. Judge Jones instructed the jury on what to expect during the trial. Judge Jones went over the different types of evidence the jury can expect, told the jury not to research the case outside of the courtroom, and told them to not make any judgments based on objections.
Monday, April 28: 10:37 a.m. - Double jeopardy motions
Attorneys for Demetrius Haley and Justin Smith argued their motions that state charges against the former officers should be dismissed due to double jeopardy. The attorneys argued that because of the state's cooperation with the federal government, the former officers were tried for that indictment at the federal trial.
The judge ruled that there is nothing barring the state prosecution from cooperating with the federal government. Both former officers were charged criminally in federal and state court, but the charges were different in each court.
The court denied the motions.
Monday, April 28: 10:08 a.m. - Pre-trial discussions
Defense attorneys argued that the jury should be told what convictions Demond Mills and Emmitt Martin III pleaded guilty to in the federal trial. The defense attorneys argued that the jury should know that the former officers who accepted plea deals avoided a potential life sentence by cooperating with the prosecution.
Lead prosecutor Paul Hagerman also made note of several statements made by defendant Justin Smith that he will not be referencing in his opening statements.
Hagerman also made a motion to stifle any mention of credit cards that did not belong to Nichols, marijuana, and psilocybin mushrooms found in Tyre Nichols' car. Hagerman argued that only one of the officers on trial was at the initial traffic stop; therefore, those officers were not aware of the drugs and cards in the vehicle.
Defense attorney John Keith Perry argued that those items give a complete picture of why Nichols may have been fleeing the initial traffic stop and the situation that officers were dealing with. "That would give anybody a motive to try and avoid being apprehended," Perry said. "It should be an issue of fairness to ask what was going on in Nichols mind." The attorney said that Nichols disposed of things as he ran from the officers. Perry also argued that this motion should have been discussed prior to trial.
Haley's defense attorney,Michael Stengel,argued that he does not want to introduce everything found in Nichols' car, only the drugs and credit cards. Stengel said that the owners of those credit cards will testify that they had no connection to Nichols. Stengel also argued that Nichols said, "I didn't do anything" and "I'm just trying to go home," despite "slinging around" parked cars and "disposing of things." The argument goes to the "lawfulness" of Nichols' detention, the attorney said.
Martin Zummach, Smith's attorney, also argued that the items speak as to why Nichols was trying to get away from officers. Zummach also argued that the credit cards speak to a connection between Nichols and the person who stole them. "Mr. Nichols had every reason to run, fight, and flee from that car," Zummach said. "We have every reason to look at the victim and what he had going on in his mind..." Zummach said.
Lead prosecutor Paul Hagerman responded that Nichols is not on trial, that these items were discovered after the beating, and that he didn't see the relevance.
"The court finds that not allowing those items to be discussed paints an incomplete picture of what was going on that evening," the judge ruled. The judge did emphasize that Nichols is not on trial, so the items may only be discussed to paint a picture of what may have contributed to the interaction between Nichols and the defendants.
Surveillance video released by the City of Memphis shows five Memphis Police officers beating Tyre Nichols on January 7, 2023. Nichols died at a Memphis hospital three days later. Those officers were identified as Demetrius Haley, Justin Smith, Tadarrius Bean, Emmitt Martin III, and Desmond Mills. They were all charged with second-degree murder, aggravated kidnapping, aggravated assault, official oppression, and two counts of official misconduct.
RELATED:Everything we know about the death of Tyre Nichols, video from confrontation
Martin and Mills both accepted plea deals prior to a federal trial related to Nichols' death. Prosecutors recommended a 15-year prison sentence for Mills and a 40-year prison sentence for Martin. At the conclusion of that federal trial, Haley, Smith, and Bean were all found guilty of obstruction of justice. Haley was also found guilty of using unreasonable force resulting in injury. Their sentencing on those federal charges will come after the state trial.
RELATED:Officers charged in Tyre Nichols murder seek dismissal on double jeopardy grounds
The jury for the state trial was selected from Hamilton County, Tennessee, nearly five hours from Memphis. The trial is expected to last several weeks.
RELATED:Jury selection for Tyre Nichols murder trial underway in Hamilton County, DA says
All of the officers involved in the beating belonged to a specialized police unit within the Memphis Police Department called the SCORPION Unit. That unit was dissolved shortly after Nichols' death.
Body cam video prior to the beating shows the fatal confrontation started with a traffic stop. Police officers at the time claimed that Nichols was driving erratically, though Memphis Police Department Chief C.J. Davis said, immediately following Nichols' death, that no evidence supported the claim. After an initial physical altercation outside of his car, Nichols ran from that traffic stop. The officers on trial caught up with him on foot, leading to the fatal beating blocks away from Nichols' mother's home.
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