MEMPHIS, Tenn. — Federal Judge Mark Norris denied several motions to dismiss filed by attorneys of the five former Memphis Police SCORPION Unit officers charged in the death of Tyre Nichols in 2023.
One of the motions was to dismiss three counts of the federal indictment against the former officers.
"The Court does not find the Indictment insufficient for the reasons Defendant suggests and thus declines to dismiss Counts 2, 3, and 4 on that basis," one of the denials reads. "Because the Indictment undeniably includes factual allegations, the Court reads Defendant’s Motion to argue that the Indictment is insufficient because it does not set forth every action Defendants are alleged to have taken during and after Mr. Nichols’s arrest that could support the broader allegations included in the Indictment."
Count two of the indictment was for deliberate indifference, count three was for conspiracy to witness tamper and count four was for witness tampering. The filing was on behalf of Tadarrius Bean.
The other motions to dismiss were filed on behalf of Emmitt Martin III, but some of the filings had been joined by the other three officers still awaiting disposition, including Bean, Justin Smith and Demetrius Haley. Desmond Mills took a plea deal in the case in November 2023.
Those other motions were asking the court to dismiss count one, to dismiss counts one and two for vagueness and insufficiency, and to dismiss counts three and four for insufficiency and vagueness. Those were also denied by Norris.
"The Indictment sufficiently sets forth these elements and the general factual bases for them. Indeed, both Counts name each Defendant and apprise them of the alleged facts and circumstances giving rise to the witness tampering-related offenses charged in those Counts," one of the denials reads. "With regard to the conspiracy, the Indictment describes its alleged plan and purpose (to either omit or provide false or misleading information to conceal the use of unreasonable force on Mr. Nichols and escape liability) as well as seven overt acts allegedly committed in furtherance of the conspiracy."
Nichols was beaten during a traffic stop Jan. 7, 2023, and died three days later. Five MPD officers were fired and indicted on federal and state charges with killing Nichols.
The federal criminal trial is currently set for August 2024.
