MEMPHIS, Tenn. — State murder charges still await three former Memphis Police officers after a jury reached a split decision on federal charges in the beating death of Tyre Nichols.
The jury in the federal trial began deliberations about 10:15 a.m. Thursday, Oct. 3, 2024, and by 4:30 p.m., word came that they had reached a verdict.
Tadarrius Bean, Justin Smith and Demetrius Haley were all found guilty of obstruction. Bean and Smith were acquitted of civil rights charges for three other counts.
Haley was acquitted of violating Nichols’ civil rights causing death, but was found guilty on lesser charges of bodily injury and deprivation of rights resulting in bodily injury for counts one and two. He was found guilty on counts three and four: conspiracy to commit obstruction and obstruction.
“[Haley] definitely got hit with more charges; however, the obstruction charge is the one that carries the most jail time,” Attorney Claiborne Ferguson said.
All three were taken into custody by U.S. Marshals after the verdict was read, despite protests by their attorneys. A detention hearing was scheduled for Monday, Oct. 6.
“These aren’t probably the most responsible officers of the five," Ferguson said. "The two most responsible were the ones that pled out early on,”
Even though the defendants were found not guilty of some of the more severe charges, those charges can be used against them in sentencing, which is set for Jan. 22, 2025.
The former MPD officers now face charges of second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression in state court.
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. A report date is set for Oct. 25.
Shelby County District Attorney Steve Mulroy said he is fully prepared to go forward with the state prosecution.
“We’re waiting to see what the sentencing is going to be, and if we’re not satisfied that the sentence is significant enough, then that will definitely factor into what we do," Mulroy said. "We are not calling the state prosecution off; the state prosecution is continuing.”
Mulroy said the next step for his team is the federal sentencing of the defendants in January.
“I believe that there is a very good chance that we will go forward with our prosecutions, and that will either be a trial or a plea, and that’s up to the defendants," Mulroy said.
Two other former officers pleaded guilty to the federal charges and testified at the federal trial. They are expected to change their pleas on the state charges.
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.
A jury trial for the $550 million lawsuit filed by Nichols’ family against the City of Memphis is set for March 2025. Following the verdict in the federal trial, attorney Ben Crump, who represents the Nichols' family, said they “plan to go full speed ahead” on civil suit.
Nichols was beaten Jan. 7, 2023, after a traffic stop 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.
The five officers, all of whom are Black, were fired shortly after the beating. Two other MPD officers were also fired, along with three Memphis Fire Department emergency medical technicians who were fired for failing to render aid to Nichols as he struggled with his injuries. All were named as defendants in the civil lawsuit by Nichols’ family against the City of Memphis.
The five former officers who were charged were also part of the so-called SCORPION unit, a crime-suppression team police officials disbanded after Nichols' beating.
The lawsuit filed by Nichols' mother blames the former Memphis Police officers for his death and accuses MPD Chief Cerelyn "CJ" Davis of "turning a blind eye" to the department’s SCORPION unit's "aggressive style of policing" even before Nichols' assault.
In July 2023, the U.S. Department of Justice announced it was launching a civil rights "pattern or practice" investigation into the Memphis Police Department and the City of Memphis.