MEMPHIS, Tenn. — Prosecutors called Federal Bureau of Investigation special agent Anthony Householder to the stand in the federal civil rights trial of three ex-Memphis Police officers in the death of Tyre Nichols.
Householder investigated the case and previously worked in the Memphis division for 11 and a half years.
The agent interviewed both Smith and Bean about the case during the investigation. The summary of their proffer statements were submitted to the court.
Householder even said the proffer statement is a legal agreement that could not be used against them unless they lie or recant.
Householder said that during Smith’s interview that the former officer took accountability.
Per Householder, Smith said he knew Martin was “seeing red,” and was surprised to see him back at work.
Smith admitted that he hit Nichols in the face three times and that he should’ve stopped Martin from punching him.
Householder said Smith admitted there was no threat to need kicks or punches and that he didn’t tell EMTs about them because he thought Nichols would tell them about the force.
Smith told Householder that he wanted to stand with the team and didn’t tell supervisor Lt. Dewayne Smith because he was afraid it would lead to a fight.
Householder also said Smith told the officer who wrote the report that Nichols grabbed at his vest but did not tell her it was because he was grabbing while falling from Martin’s punches.
Smith also told Householder that he didn’t think Nichols would pass away and that he didn’t think it would be that bad.
Smith admitted he could’ve taken him to the ground and that he had failed.
Householder said he took accountability for his actions and told them he couldn’t watch the videos all the way through and that nothing was right, admitting it was his fault that Nichols died.
During his multiple interviews with Bean, Householder said he would take breaks and speak to his attorneys.
Bean said he sprayed and struggled to see and that he couldn’t see the strikes because of Nichols height but that he was swaying, and didn’t see much.
Later he told them during a second interview, Bean said he omitted information because he didn’t want to be labeled a snitch or put the team at harm.
Bean is said to have told investigators that his actions led to it happening the way it did.
Text messages between Haley and Bean were introduced in which Haley asked if his body camera caught him.
Bean replied that his body camera fell off after one minute.
“Okay bet,” Haley responded. “And I wasn’t over there when you got dude.”
Haley also texted with another officer who asked him, “who beat dude up last night?”
“Us,” Haley responded.
Bean’s attorney John Keith Perry cross examined Householder asking if the interview was recorded, alluding to how could he remember everything that was said or done.
Householder said that the narrative summary provided in court was all that was done by him.
Smith’s attorney Martin Zummach asked Householder about the fact that he was testifying off of his recollection.
Householder even admitted that he could have misunderstood a question or an answer.
Based on Householder’s testimony, Smith told lieutenant Dewayne Smith about kicks and the lieutenant made reference to being a snitch.
Smith didn’t see Martin kick Nichols until the interview with FBI agents, Householder said, and called it a “coward move.”
Prosecutors then called former St. Francis Hospital emergency room nurse Taylor Chesser who said she did not remember the two officers who were at the hospital with Nichols.
Based on past testimony, Bean and Mills were at the hospital. Chesser said both officers told her they weren’t at the scene when she asked what had happened.
“Something foul had happened,” Chesser said. “It was not a natural circumstance that caused him to be in cardiac arrest.”
After 19 witnesses, prosecutors rested. Zummach informed the judge before a break that he had filed a motion for acquittal.
