MEMPHIS, Tenn. — Ahead of a scheduled court appearance Friday, June 23, 2023, two of the five former Memphis Police officers criminally charged in the death of Tyre Nichols have filed motions asking to split their trials from those of the other officers.
Attorneys for Justin Smith and Tadarrius Bean have filed motions asking the court to sever their trials. In the motion for Smith, attorneys said the motion should be granted “if the severance is appropriate or necessary to achieve a fair determination of guilt or innocence of the Defendant.”
Smith and Bean, along with Demetrius Haley, Emmitt Martin, and Desmond Mills, face multiple charges, including second degree murder in Nichols’ death. All five officers pleaded not guilty during their first court appearance on Feb. 17.
In the motions, Smith’s attorneys said he was not present at one of the two scenes that are part of the video evidence, which could lead to prejudice. The attorneys said a jury may consider Smith culpable for the actions of others if they are tried together.
Bean’s motion cited ‘various responses’ by the officers involved, and also suggests a jury might convict one for the actions of others at the scene. It also said, “each officer initiated different levels of physical contact with the suspect.”
The motions go on to say a failure to sever the trials is a violation of the former officers’ constitutional rights.
A third motion filed by attorneys for Haley, Martin, and Mills show agreement on allowing the release of some material in the investigation to the public. A ruling has not yet been made.
On Jan. 7, 2023, Nichols, 29, was left unconscious, brutally beaten and unrecognizable after what was supposed to be a regular traffic stop, where he encountered several MPD officers serving on a specialized tactics unit called SCORPION Unit. He died three days later.
Nichols's encounter with the MPD officers serving on the SCORPION specialized tactics unit has law enforcement, Nichols' family, and protestors calling for full police reform.