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Former officer Preston Hemphill used 'personally owned handcuffs' to try to arrest Tyre Nichols, MPD report says

The documents detail Hemphill's actions in Nichols’ arrest, calling Hemphill's behavior "unprofessional and unbecoming of a sworn public servant."

MEMPHIS, Tenn. — The State of Tennessee's Department of Commerce and Insurance has released decertification documents for former MPD officer Preston Hemphill.

He was the sixth officer fired for his involvement in Tyre Nichols' arrest Jan. 7, 2023. Decertification in the state of Tennessee by the Tennessee Peace Officers Standards and Training (POST) Commission would make him ineligible for police work in the state.

The documents detail Hemphill's actions in Nichols’ arrest, calling Hemphill's behavior "unprofessional and unbecoming of a sworn public servant" and "in violation of personal conduct.”

One of the passages in the document reads:

"Subject was removed from the vehicle by you and your partners. Audio from the body worn camera captured you using the assaultive statement 'get on the f*****g ground, finna tase yo a**'. Subject was not using profanity or showed signs of violence towards you. The subject ran away from officers on foot down Ross. You can be heard on body camera telling your partner, "I hope they stomp his a**". Your behavior was unprofessional and unbecoming of a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct. You deployed your taser for three seconds while the subject was on his feet and in running motion from you. The subject was not armed and did not impose an immediate threat to you or others. The subject was also in the middle of the street while traffic was still present when you deployed the taser. You put everyone involved at risk of serious bodily injuries due to oncoming traffic."

Another portion of the document says Hemphill acknowledged he did not witness reckless driving by Nichols, which was the reason originally stated for pulling him over. 

And in still another portion, Hemphill was cited for having two pairs of "personally owned handcuffs" on him at the time, but not having the handcuffs issued by the Memphis Police Department.

The documents also said Hemphill violated a requirement to complete a response to resistance form with a “true account” of the arrest.

It reads: “You were required to complete a Response to Resistance form of a true account of the incident on January 7, 2023. In your statement you said the subject attempted to grab your partner's service weapon. There is no video footage to corroborate that statement. You then provided a conflicting statement to I.S.B. investigators and said you did not see the subject grab your partner's gun. You also said the subject fought you and your partner. Video evidence show the subject running from you while you attempted to grab him.”

Read more from the documents HERE.

Hemphill was sixth officer fired

Hemphill was fired Friday, Feb. 4. In a statement, MPD said:

"After a review of the circumstances surrounding this incident, we determined that Officer Preston violated multiple department policies. Officer Hemphill was departmentally charged and terminated from the Memphis Police Department for the following violations:

  • Personal Conduct
  • Truthfulness
  • Compliance with Regulations to wit: Conducted Energy Weapon (TASER)
  • Compliance with Regulations to wit: Uniforms (issued equipment)
  • Inventory and Processing Recovered Property"

The statement went on to say the administrative investigation is continuing and multiple MPD officers are under investigation for departmental policy violations.

As far as charges against Hemphill, the Shelby County District Attorney's office said Friday, “We are in the stage of our investigation where we are looking into all matters including the actions of Officer Preston Hemphill and others who were on the scene.”

Others fired or charged in the case

Five MPD officers have been fired and face criminal charges – including second-degree murder, kidnapping, and official misconduct. A sixth officer was also fired for policy violations but has not been charged.

Three Memphis Fire Department employees were also fired for violating MFD policies and protocols, but have not been charged. Two of those employees - both EMTS - had their licenses suspended Friday. Two Shelby County Sheriff’s deputies are also relieved of duty pending investigation, but not charged.

Memphis Mayor Jim Strickland has called for an outside review of the Memphis Police Department amid the investigation into Nichols’ death.

The city released video from the Jan. 7 arrest on Friday, Jan. 27. Nichols died three days after the beating.

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