By Canadian Press

Police delivered a ‘beatdown’ that killed Tyre Nichols, prosecutor says in trial closing

Oct 2, 2024 | 12:46 PM

MEMPHIS, Tenn. (AP) — Memphis police officers who beat Tyre Nichols to death wanted to punish him after he ran from a 2023 traffic stop and thought they could get away with it, a prosecutor said Wednesday as closing arguments began in the federal trial of three of the officers.

“They wanted it to be a beatdown,” prosecutor Kathryn Gilbert told jurors in the federal trial of Tadarrius Bean, Demetrius Haley and Justin Smith, who are accused of violating Nichols’ civil rights and of trying to cover up the beating. “That’s what it was.”

Prosecutors have argued the beating was part of a common police practice referred to in officer slang as the “street tax” or “run tax. ”

Police video shows five officers, who are all Black, punched, kicked and hit Nichols, who was also Black, about a block from his home, as he called out for his mother. Two of the officers, Desmond Mills and Emmitt Martin. pleaded guilty and testified for prosecutors.

“You saw the punches,” Gilbert said. “You saw the kicks. You saw the baton strikes.”

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Defense attorneys have questioned whether the officers were properly trained and pointed to Martin as a principal aggressor. They are expected to give their closing arguments later Wednesday.

Earlier Wednesday, U.S. District Judge Mark Norris read lengthy instructions for the jurors.

To find any of the three guilty of using too much force, Norris said jurors would need to find that the officers acted as law enforcement officers, violated Nichols’ right to be free from the use of excessive force and “deliberate indifference” to his injuries, and that he suffered bodily injury or death.

The jury also must consider whether the officers were using their “split second judgment” about the force needed to put handcuffs on Nichols after he ran from police.

Outside the courthouse Wednesday, supporters of Nichols’ family stood in a circle for a prayer from Tennessee state Rep. Justin Pearson while holding hands. They ended the prayer with a chant of “Justice for Tyre.”

Attorneys for Bean, Haley and Smith rested their cases after each had called experts to try to combat prosecutors’ arguments that the officers used excessive force against Nichols, didn’t intervene, and failed to tell their supervisors and medical personnel about the extent of the beating.

Nichols died Jan. 10, 2023, three days after the beating. An autopsy report shows Nichols — the father of a boy who is now 7 — died from blows to the head. The report describes brain injuries, and cuts and bruises on his head and elsewhere on his body.

The officers used pepper spray and a Taser on Nichols during the traffic stop, but the 29-year-old ran away, police video shows.

All five officers were fired. They were part of the the Scorpion Unit, which looked for drugs, illegal guns and violent offenders. It was disbanded after Nichols’ death.

Haley, Bean and Smith pleaded not guilty to federal charges of excessive force, failure to intervene, and obstructing justice through witness tampering. They face up to life in prison if convicted.

The five officers have pleaded not guilty to separate state charges of second-degree murder. A trial date in that case has not been set. Mills and Martin are expected to change their pleas.

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Associated Press journalists Jonathan Mattise in Nashville and Kristin M. Hall in Memphis also contributed.

Adrian Sainz, The Associated Press