Nichols, a 29-year-old Black man, fled a January 2023 traffic stop after he was yanked out of his car, pepper sprayed and hit with a Taser. Five officers who are also Black caught up with him and punched, kicked and hit Nichols with a police baton, struggling to handcuff him as he called out for his mother just steps from his home.
Footage of the beating captured by a police pole camera also showed the officers milling about, talking and laughing as Nichols struggled. His death led to nationwide protests, raised the volume on calls for police reforms in the U.S. and directed intense scrutiny of police in Memphis, a majority-Black city.
Photo was shared 11 times
Video shows Haley taking a photo of Nichols, who was seated on the ground and leaning against a police car after the beating. Haley shared the photo 11 times and had text conversations with eight people about it, Miller said in the third day of the state trial.
The officers are charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression. Prosecutors have argued that the officers had a duty to intervene and stop the beating and tell medical personnel that Nichols had been struck in the head, but they failed to do both things.
Ex-officer acknowledges duty to intervene
Defense attorneys have sought to chip away at accusations that the officers used unnecessary force to subdue Nichols. They have argued that Nichols was actively resisting arrest by running away and failing to give his hands to officers so that he could be handcuffed. They also have argued that their use of force complied with police department policies.
Former Memphis officer Desmond Mills Jr., who also was charged in Nichols' death, testified as a prosecution witness on Tuesday. Mills and another officer involved in the beating, Emmitt Martin, have agreed to plead guilty to the state charges and are not standing trial under deals with prosecutors. They also pleaded guilty in federal court, where sentencing for all five officers is pending.
Mills testified that he regrets his failure to stop the beating, which led to Nichols' death three days later from blunt force trauma. Dr. Marco Ross, the medical examiner who performed the autopsy, testified Wednesday that Nichols suffered tears and bleeding in the brain similar to those suffered by car accident victims.
As Nichols struggled with Bean and Smith, who were holding him on the ground, Mills tried to pepper-spray Nichols, but he ended up spraying himself, he said.
After stepping away to try to recover, Mills then walked up to Nichols and hit his arm three times with a police baton. Mills told prosecutor Paul Hagerman that he hit Nichols with the baton because he was angry over the pepper spray. Martin punched and kicked Nichols in the head, and Haley also kicked Nichols.
After the prosecution rested it's case late Wednesday morning, defense attorneys asked Shelby County Judge James Jones Jr. to acquit the officers, arguing that prosecutors failed to present enough evidence to send the case to a jury. Defense lawyers have placed a lot of the blame on Martin, who is not on trial, calling him the main aggressor who provided the worst of the violence.
Jones denied the acquittal motions, saying jurors should decide whether the officers committed the alleged crimes by considering trial testimony and watching the video.
In December, the U.S. Justice Department said a 17-month investigation showed the Memphis Police Department uses excessive force and discriminates against Black people.
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP
Credit: AP