MEMPHIS, Tenn. — Attorneys for all three former Memphis Police officers rested their cases without having to call them to testify in the federal civil rights trial against them.
On Monday, former MPD officer Justin Smith's attorney, Martin Zummach, questioned Jared Zwickey, a 30-year veteran officer, on whether Smith's use of force was within MPD's policy. Smith was in court on Monday but did not take the stand.
Zwickey said he reviewed all body camera angles multiple times and then showed the jury excerpts of Smith and Bean hitting Nichols when they caught him after he ran from the traffic stop. Zwickey testified that Smith’s actions were consistent with Memphis police and national policing standards and training.
During Zwickey's testimony, he explained how pepper spray, when administered, can impact someone for 12 to 90 minutes.
He also said if cops are exposed, it could impact their vision within an arm's reach.
Zwickey said when Smith was in the vicinity of pepper spray, it affected his view and ability while trying to arrest Tyre Nichols.
Zwickey said "policing is a nasty and violent job."
The five officers charged in Nichols' death were part of the the Scorpion Unit, which looked for drugs, illegal guns and violent offenders. It was disbanded after Nichols’ death. Two of them — Desmond Mills and Emmitt Martin — pleaded guilty and testified for prosecutors.
Smith, characterized as Scorpion Unit One’s team leader, said, “hit him,” during the beating. Prosecutors have called witnesses who said that statement went against department policy and training in the context of Nichols’ beating. Zummach asked Zwickey if that statement was appropriate in the Nichols situation.
“It’d be appropriate if the officer needed help,” Zwickey said.
Zummach also brought to the stand retired MPD officer Lt. Mark Wojcicki and current MPD Lt. Brian Nemac.
Both men worked with Smith during 2020 and were his direct supervisors. When they took the stand, Zummach asked Nemac and Wojcicki to describe Smith as an officer and a person.
"Highly professional, good diligent police work," Wojcicki said. "If it was one of my grown kids, I'd want Justin to be the one to arrest them,"
Wojcicki claimed Smith was passionate about his job. He said Smith did everything legal and ethical.
Nemac said worked MPD's organized crime unit for 16 years and overall, with the department for 28 years. He said he worked with Smith from April 2020 to Aug. 2020.
"He was good," Nemac said about Smith. "Never had a complaint. Well liked. Known as a hard worker."
Nemac also stated Smith never lost his temper.
During cross-examination, Katheryn Gilbert with the Department of Justice's Civil Right Division asked both men if they had the same opinion of Smith after it was revealed by Gilbert that Smith admitted to the FBI that he held Nichols' head while other officers punched Nichols twice. She questioned both officers about the qualities of a good officer.
Both officers said their opinion hasn't changed.
Closing arguments begin Tuesday at 10 a.m.