MEMPHIS, Tenn. — A new filing by the City of Memphis in the civil lawsuit filed by the family of Tyre Nichols has alleged that he was physically abusive.
The filing claims that the mother of Nichols' child testified that he was physically abusive towards her "on a number of occasions."
"She also testified that she received $400,000 from plaintiff's attorney at the Crump Firm on the same day that she signed an affidavit relinquishing her rights to administer the Estate of Tyre Nichols and assigning the representation to the Plaintiff," the filing reads. "The Phone records of plaintiff could reveal additional evidence regarding this decision."
The filing comes in the midst of the $550 million civil lawsuit filed by Nichols' mother, RowVaughn Wells, against the City of Memphis following his death.
The filing also alleges that family friends of Nichols also received payments from the law firm to "stand down" from making public statements about Nichols.
The filing alleges that Nichols was living in his car after an argument with his mother during the time frame of his stop.
The filing comes in the midst of City attorney's seeking phone records in the case that have been shielded by Well's attorneys.
Nichols was beaten Jan. 7, 2023, after a traffic stop by Memphis Police Department officers that was caught on video, and he died three days later. Nichols died of blows to his head, and the manner of death was homicide, an autopsy report released May 4 showed.
Five former MPD officers were indicted on federal and state charges for their role in the beating. Two of those officers accepted plea agreements in the cases, while three have been convicted on federal charges.
Tadarrius Bean, Demetrius Haley and Justin Smith still face charges of second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression in state court. The trial date is set for April 28, 2025.
The trial on the state charges was originally set for August 12, but a judge later agreed to move the state trial to after the federal trial, and a new date has not been set. The three officers will be back in court November 25 to discuss a motion to sever.
Bean and Smith were found guilty of obstruction during the federal trial, but were found not guilty on the remaining charges in the four count indictment.
Haley was found guilty of obstruction, conspiracy to commit obstruction and lesser charges of the first two counts, deprivation of civil rights and deliberate indifference resulting in serious bodily injury.
Emmitt Martin III pleaded guilty in August 2024 to federal charges of using excessive force and failing to intervene in the unlawful assault, and also conspiring to cover up his use of unlawful force. Prosecutors have recommended Martin be sentenced to 40 years in prison for his part in Nichols' killing. Shelby County District Attorney General Steve Mulroy expects Martin to change his plea on the state charges.
Desmond Mills Jr., pleaded guilty in early November 2023 to federal charges of excessive force and obstruction of justice. Mulroy previously said Mills also reached deal with the state to plead guilty to charges of second-degree murder, aggravated kidnapping, and official misconduct. A 15-year sentencing recommendation for Mills covers both the federal and state cases.
Sentencing for the federal charges is set for Jan. 22, 2025.
Attorneys representing the Wells family have issued the following statement in response:
"The city of Memphis made a conscious choice to go public with information that was discussed in a deposition between the parties. These depositions took place no more than several days ago and the city ran to make public, information that has absolutely no relevance in a court of law. Any payments of GoFundMe made between private citizens is not an admissible fact in a courtroom. Further, unequivocally, none of those private citizens is a member of the Wells' family legal team. This clearly does not go to the issue of liability and why a crew of Memphis police officers beat Tyre Nichols to death and it has no relevance in the harms this crew caused to his family as this all happened after the fact. Clearly, the city is making its case to the public by attempting a smear campaign against the Tyre Nichols family thinking that payments between family members is somehow going to absolve them of the constitutional pattern and practices of wreaking havoc on the citizens of Memphis. Simply, the City of Memphis is trying to distract its populace with non-relevant information. We steadfastly standby our position that all the GoFundMe payments were handled lawfully, and that any transactions were made with consent and all payments handled appropriately. The disclosure of this information is absolute and utter nonsense as the city of Memphis should focus on defending the litigation and cleaning up its police department rather than launching a campaign to appeal to unsupported and irrelevant and prejudicial evidence. The Plaintiffs have always respected the protective orders in place and have steadfastly refused to disclose testimony that has come out in depositions before a judge has had an opportunity to determine its relevance and admissibility. We understand that not everything said can come into a trial as evidence. The City prefers guerilla warfare tactics rather than playing by the rules so that it can overcome any disadvantage it has in defending a defenseless death."
The civil legal team has issued an additional statement in response:
"The Plaintiff’s legal team was not provided an opportunity to review this public filing, and it was NOT “unopposed” by them- the title is a blatant misrepresentation of the Plaintiff’s position on this motion, when in fact the city did not respond to our communication."
