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'This was criminal': Former Memphis police officers arrested, face murder charges in Tyre Nichols' death

Lucas Finton
Memphis Commercial Appeal

MEMPHIS, Tenn. — Five former Memphis police officers involved in a traffic stop that preceded a man's death have been arrested, records show. 

Former officers Tadarrius Bean, Demetrius Haley, Justin Smith, Emmit Martin III and Desmond Mills Jr. have each been charged with one count of second-degree murder, aggravated assault – acting in concert, two counts of aggravated kidnapping, two counts of official misconduct and one count of official oppression, court records show.

The five were booked at the Shelby County Jail, and all posted bond Thursday, with bonds ranging between $250,000 and $350,000. Mills and Martin will plead not guilty, attorneys representing them said Thursday.

The charges come less than a week after the officers were fired and accused of violating department policy during the stop of Tyre Nichols, 29.

Nichols was pulled over Jan. 7 and after two "confrontations" with officers, he "complained of a shortness of breath," according to an initial statement from police. He was hospitalized in critical condition and died on Jan.10. Memphis police have not explained what happened during the confrontations.

Memphis Police Chief Cerelyn "C.J." Davis called the incident "heinous, reckless and inhumane" in a video statement Wednesday.

Nichols' family attorneys Ben Crump and Antonio Romanucci said in a statement the announcement of the charges "gives us hope as we continue to push for justice for Tyre."

"This young man lost his life in a particularly disgusting manner that points to the desperate need for change and reform to ensure this violence stops occurring during low-threat procedures, like in this case, a traffic stop," the statement said.

Tyre Deandre Nichols, 29, died Tuesday, Jan. 10, 2023, in Memphis, three days being stopped and detained by Memphis Police. The Tennessee Bureau of Investigation is looking into the death.

City to release video of stop Friday

Video of the stop will be released by the city sometime after 6 p.m. Friday, Shelby County District Attorney General Steve Mulroy said Thursday afternoon.

Mulroy said the footage likely will be a combination of body camera video and surveillance video. Some of the video will be redacted, Mulroy said.

What is captured on that video is “absolutely appalling,” Tennessee Bureau of Investigation Director David Rausch said.

“Frankly I’m shocked. I’m sickened by what I saw and through our extensive and thorough investigation,” Raush said. “What happened here does not at all reflect proper policing. This was wrong. This was criminal.”

Crump and Romanucci viewed the video earlier this week. Romanucci said it showed the "unadulterated ... beating of [Nichols] for three minutes."

Other officers under investigation

After an internal investigation, the five officers involved in the stop were fired Jan. 20. The department cited multiple policy violations, including those on use of force, failure to render aid and their duty to intervene. 

Two Memphis firefighters were also "relieved of duty" pending an internal investigation into their actions after the stop, a fire department spokeswoman said.

Davis said Wednesday that more officers are under investigation as she conducts a "complete and independent review" of all the department's specialized units.

Memphis Police officers Demetrius Haley, Desmond Mills, Emmitt Martin III, Justin Smith and Tadarrius Bean were fired Friday, Jan. 20, 2023, after the city found they violated department policies during a traffic stop involving 29-year-old Tyre Nichols. The FBI is investigating the circumstances around Nichols' death.

Federal investigation launched

The FBI and the Tennessee Bureau of Investigation have launched investigations into the traffic stop and death. Kevin G. Ritz, the U.S. attorney for the Western District of Tennessee, urged patience Wednesday as the investigation is completed.

Civil rights leader Jesse Jackson called for a federal investigation into the Memphis Police Department. Jackson and Bishop Tavis Grant said a thorough investigation would help create stronger policies to restore community trust.

Two former officers to plead not guilty

Defense attorneys Blake Ballin and William Massey are representing Mills and Martin, and said Thursday their clients will plead not guilty.

The attorneys said they and their clients have not yet seen the video that will be released at a press conference.

“At this point we don’t know what proof we have, because we’ve not seen, we don’t have discovery, we haven’t seen the video," Massey said. “No one out there that night intended for Tyre Nichols to die. No one. No one. It’s shocking. It’s shocking to the officers.”

Ballin said Mills, a father, "could not be more upset about this entire situation."

-Micaela A Watts and Katherine Burgess, Memphis Commercial Appeal

Funeral arrangements made for Nichols

A funeral for Nichols will be held Wednesday at Mississippi Boulevard Christian Church. The funeral will be open to the public, and the Rev. Al Sharpton will deliver the eulogy.

A candlelight vigil will be held Jan. 26 at a Memphis skatepark. Vigils and memorials will also be hosted in California on Monday and on Feb. 4.

RowVaughn Wells, mother of Tyre Nichols, looks down while her husband Rodney Wells holds her shoulder as Ben Crump speaks during a press conference at Mt. Olive Cathedral CME Church in Memphis, Tenn., on Monday, January 23, 2023.

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Contributing: N'dea Yancey-Bragg, USA TODAY

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