by Brad Brooks, Daniel Trotta
NASHVILLE -A federal jury in Tennessee on Thursday convicted three former Memphis police officers of witness tampering stemming from the beating death of Black motorist Tyre Nichols, but cleared them of the most serious charges that could have resulted in life in prison.
The officers still face a potential murder trial in Tennessee state court.
The death of Nichols, 29, an avid skateboarder, photographer and father of a young son, provoked outrage and led to police reform after police video showed five Black officers kicked, punched, pepper-sprayed and struck him with a baton on Jan. 7, 2023 as he cried out for his mother. He died in a hospital three days later.
The jury found one of the officers, Demetrius Haley, was guilty on two counts of the “lesser included crime of deprivation of rights resulting in bodily injury,” each of which carries a maximum 10-year sentence. The jury opted against finding that the offense resulted in death, which could have meant a life sentence in prison.
Haley was also found guilty of both witness tampering counts, which carry a 20-year maximum under federal sentencing guidelines.
Two other officers, Tadarrius Bean and Justin Smith, were found guilty of just one witness tampering charge.
Two other former officers had already pleaded guilty to federal charges and testified against their former colleagues in the trial, saying Nichols posed no threat during the encounter. Both of them plus the three officers who were on trial – Bean, Haley and Smith – are Black.
The officers are also facing a second-degree murder charge in Tennessee state court in a separate case put on hold until the federal trial concluded. A trial date has not been set.
Prosecutor Kathryn Gilbert said during her closing argument on Wednesday the officers beat Nichols to death, tried to cover it up and “thought they would get away with it,” according to the Commercial Appeal newspaper.
“This wasn’t one punch. It was over and over and over and over and over again, and not one of these defendants tried to stop it,” Gilbert said.
She added the officers never tried to give Nichols any medical aid, nor did they tell paramedics how he was hurt.
Defense Attorney John Keith Perry, who represents Bean, told the jury during his closing argument on Wednesday that “poor training and poor policies” led to the incident, the Commercial Appeal reported. He said a police officer must make split-second decisions based on a subject’s actions.
Prosecutors said during the trial the officers reported Nichols had been driving dangerously and had sped up to beat a red light, which prompted a traffic stop.
Video evidence showed police pulled Nichols from his car, pushed him to the ground and threatened to use a Taser, spray and beat him as they held him down. Nichols broke free and ran away before police caught up to him again and the beating took place.
Civil rights attorney Ben Crump, who is representing Nichols’ family, said he would continue to “push for justice in the state criminal case and the civil case” and “justice prevailed for Tyre Nichols and his family.”
“The guilty verdicts reached today send a powerful message that law enforcement officers who commit crimes will be held accountable under the law,” Crump wrote. “Tyre’s family is relieved that all three officers were found guilty and taken into custody for their loved one’s death.”
The video shook Americans as the case became the latest in a series of police killings of Black men to raise questions about racism and police brutality in the United States.
