Officers pummeled Tyre Nichols because he fled, a form of "run tax," prosecutor says in opening statement
Three former Memphis police officers charged in the January 2023 beating death of Tyre Nichols stood by his body and laughed after they punched, kicked and struck him with a baton in an attack that a prosecutor said was punishment because he tried to run away.
The former officers are standing trial accused of federal civil rights violations. Assistant U.S. Attorney Elizabeth Rogers said during opening statements Wednesday that the officers were punishing Nichols for fleeing a traffic stop. She used the term "run tax" — police slang for disciplining a subject who tries to escape.
Rogers said the force they used did not match Nichols' actions. She warned jurors they would see videos of the beating, including some that were publicly released weeks after Nichols died.
She also said officers just stood around during the "crucial" minutes when Nichols' heart stopped, when they could have helped him.
"You won't see Tyre Nichols pose a threat to these officers at any time," Rogers said.
Prosecutors and defense lawyers are slated to address a jury for the first time in the death of Nichols, which was caught on police cameras and intensified calls for police reform in the U.S. Prosecutors and defense lawyers agreed Tuesday on the 12 jurors and four alternates chosen from a pool of 200 candidates. The jury will be comprised of eight women and eight men, according to CBS affiliate WREG, which reported four women are White and four women are Black, two men are Black, two men are Asian and four men are White.
The trial is expected to last three to four weeks.
Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to charges that they deprived the 29-year-old Nichols of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. Two others, Emmitt Martin III and Desmond Mills Jr., have already pleaded guilty to the federal charges and could testify against their former colleagues.
Nichols, who was Black, died in a hospital on Jan. 10, 2023, three days after he was kicked, punched and hit with a police baton following a traffic stop. Police video released that month showed the five officers, who also are Black, beating Nichols as he yelled for his mother about a block from his home.
The officers said Nichols was pulled over for reckless driving, but Memphis' police chief has said there is no evidence to substantiate that claim.
Police video released by Memphis officials showed police removing Nichols from his vehicle after pulling him over, and after an initial struggle video shows Nichols breaking loose and running away from the officers. Nichols is caught, then restrained and beaten by five officers at an intersection. Video also showed the officers milling about and talking with each other as Nichols sat on the ground, struggling with his injuries.
An autopsy report showed Nichols died from blows to the head and that the manner of death was homicide. The report described brain injuries and cuts and bruises to the head and other areas.
Nichols worked for FedEx, and he enjoyed skateboarding and photography. The city of Sacramento, where Nichols grew up, named a skatepark in his honor. "Tyre fell in love with skateboarding at a young age and it wasn't long before it became a part of his lifestyle," states the resolution approved by the city council. He had a tattoo of his mother's name on his arm and was the father of a 4-year-old boy.
"Tyre Nichols' family have been praying for justice and accountability from the very beginning of this tragedy," Ben Crump and Antonio Romanucci, the civil rights attorneys representing Nichols' family, said in a statement Wednesday. "Now that the jury has been selected, they pray that the jury will get all of the evidence and render justice for Tyre."
All five officers belonged to a crime suppression team called the Scorpion Unit. They were all fired for violating Memphis Police Department policies after Nichols' death and the unit was disbanded.
They were also charged with second-degree murder in state court, where they pleaded not guilty, although Mills and Martin are expected to change their pleas. A trial date in state court has not been set.
On Monday, the judge read a list of potential witnesses that includes Martin and Mills, in addition to two other former officers. Preston Hemphill fired his stun gun at the traffic stop scene but didn't follow Nichols to where other officers pummeled him. Hemphill was fired. Dewayne Smith was the supervising lieutenant who arrived on scene after the beating. He retired instead of being fired.
Tennessee Gov. Bill Lee on Tuesday told reporters that Nichols' death "never should have happened," but that "steps have been made to improve on the circumstances in the city of Memphis and in the Memphis Police Department."
"That family will always be forever changed because of that loss," the Republican said when asked directly about the trial. "And we talk a lot about redemption. And what we have to hope is that the redemption that comes with justice will be executed here in this case."