MEMPHIS, Tenn — The state is asking the court to deny a motion by three of the Memphis Police officers charged in Tyre Nichols’ death to sever their trials.
In a response filed with the Shelby County Criminal Court filed Aug. 29, 2023, the state argues that all five officers participated in the beating, and all should be tried together.
Lawyers for Tadarrius Bean, Desmond Mills, and Justin Smith filed motions in August asking Judge James Jones Jr. to grant them separate trials on second-degree murder and other charges in the violent beating and death of Nichols in January.
The three officers, plus former colleagues Demetrius Haley and Emmitt Martin – who did not file severance motions, pleaded not guilty to charges connected with Nichols' beating, which was captured on police video and intensified discussions about police brutality in Memphis and across the country.
The state’s response to the request for separate trials cited Tennessee Criminal code, saying, “The actions of the defendants ‘were so closely connected in time, place and occasion that it would be difficult to separate proof of one charge from proof of the others.’” The response also notes that the evidence against each officer is the same – including the same videos and witnesses.
Jones set a Sept. 15 hearing to address the severance motions. Jones also said he would issue an order at a later date on a media coalition’s push to have more video and records released in the case.
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.
The Department of Justice announced a civil rights "pattern or practice" investigation into the Memphis Police Department and the City of Memphis on July 27, 2023.
The Associated Press contributed to this report.