5 ex-Memphis police officers involved with Tyre Nichols death indicted in federal court

All five of the former Memphis police officers arrested for the death of Tyre Nichols in late January have now been indicted in federal court for alleged civil rights violations, according to the U.S. Attorney's Office for the Western District of Tennessee.

The indictment from the U.S. Department of Justice names the same five officers who were criminally charged in a state case with four counts relating to the beating and death of Tyre Nichols.

“The country watched in horror as Tyre Nichols was kicked, punched, tased and pepper sprayed, and we all heard Mr. Nichols cry out for his mother and say, ‘I’m just trying to go home,’” U.S. Attorney General Merrick Garland said in a press release Tuesday. “Officers who violate the civil rights of those they are sworn to protect undermine public safety, which depends on the community’s trust in law enforcement. They dishonor their fellow officers who do their work with integrity every day. The Justice Department will continue to hold accountable officers who betray their oath.”

The former officers — Emmitt Martin, Tadarrius Bean, Desmond Mills, Justin Smith and Demetrius Haley — face four federal counts: one count for depriving Nichols of his right to be "free from the use of unreasonable force by a police officer," one count of deliberate indifference to Nichols' medical needs and a failure to render aide, one count of tampering with evidence in an effort to cover up their crimes, and one count of intentionally omitting material information and providing false and misleading information.

Much of the information within the indictment was previously known to the public, but aspects of the witness tampering and conspiracy charges include new details about the aftermath of the beating.

“While MFD emergency medical personnel were on the scene, defendants Haley and Mills removed their body-worn cameras and set them aside before defendants gathered to discuss amongst themselves the force used on Nichols and made statements like: ‘Everybody rocking his ass’; ‘Pop, pop, please fall’; and, ‘I thought when he wasn’t going to fall, we about to kill this man,'" the indictment said.

'A right to be free from unreasonable force'

The Indictment went on to allege that the officers told supervisors and the officer who wrote the original incident report that Nichols was resisting and reaching for their gun belts. It added that Mills and Smith "falsely [told] MPD Detective 1 that Nichols was so strong that he lifted two officers into the air."

Nichols has been described by family as a man with a slim build.

Two of the charges — deprivation of Nichols' right be to free from unnecessary force and the neglect of rendering medical aid — carry a maximum sentence of life in prison. The two counts that relate to obstruction of justice and witness tampering each carry a maximum sentence of 20 years.

There is no parole in the federal prison system.

"As Americans, our Constitution gives us certain basic rights when we interact with law enforcement officers," U.S. Assistant Attorney General for the Civil Rights Division Kristen Clarke said Tuesday afternoon. "We have a right to be free from unreasonable force, a right to have other officers intervene to stop the unlawful assault and a right, when in police custody, to have urgent medical needs appropriately addressed and not met with deliberate indifference."

The federal criminal investigation is separate from the DOJ's pattern or practice investigation that was announced months earlier, which is a civil investigation.

Though a concrete timeline of the federal case has not been established, U.S. Attorney for the Western District of Tennessee Kevin Ritz said Tuesday the initial appearance is expected "in the coming days."

"I told the citizens of Memphis that I want this city to be a place where justice is done," Ritz said. "To do justice, we must ensure that everyone's civil rights are protected."

What happened to Tyre Nichols?

Tyre Nichols was pulled over for reckless driving in the evening hours of Jan. 7, though police have gone on to say there was no evidence to support he was driving recklessly. In body camera footage, officers could be seen yelling conflicting commands at him and pulling him from his car and to the ground.

Officers then began to hold him down and pepper spray him, with another officer — Preston Hemphill — holding a taser to Nichols's body.

Read more: Key takeaways from the DOJ's first meeting about its civil rights investigation into Memphis police

At some point, Nichols jumped up and ran away. Less than 100 yards from his mother's home, additional police caught up to him and tackled him to the ground. Over the following minutes, officers would hold Nichols while punching, kicking, pepper spraying and hitting him with a baton.

Nichols was taken to the hospital in critical condition, where he died three days later due to blunt-force trauma to his head.

What legal action has been taken?

Seven officers were fired in the aftermath — Hemphill, Dewayne Smith, Haley, Bean, Martin, Smith and Mills. The latter five face criminal charges in Shelby County, including second-degree murder.

That case is currently making its way through Shelby County Criminal Court and is being prosecuted by Deputy District Attorney Paul Hagerman. Attorneys, and the charged officers, are set to be in court Friday afternoon to argue if each officer is going to be tried separately. The DA's office will argue to try the cases as one, citing equal criminal culpability for all the officers present at the beating and some defense attorneys are arguing that each officer's involvement is slightly different.

At the same time that case is being litigated, a civil lawsuit from the Nichols family's attorneys, including renowned civil rights attorney Ben Crump, has had a flurry of motions filed in it. The lawsuit asks for $550 million in damages, with Crump saying at an April press conference the goal is to "make it financially unsustainable for these police oppression units to unjustly kill Black people in the future."

The civil suit cites many levels of negligence and claims that the Memphis Police Department, and City of Memphis, should have known that a unit like the one the seven fired officers were part of — the since disbanded SCORPION Unit — would result in constitutional violations.

The City of Memphis, along with MPD and MPD Chief Cerelyn "C.J." Davis, have since filed motions to have the case dismissed, saying that the department does not have unconstitutional policies. The city, MPD, Davis and the seven fired officers are all part of the civil lawsuit.

Also named in the lawsuit are three former Memphis Fire Department personnel who responded to the scene to provide medical attention to Nichols.

In late July this year, the DOJ announced a pattern or practice investigation was opened up into MPD. The investigation will look to see if the department engages in a pattern of excessive force, race-based policing and violations of the constitution's right against illegal searches.

Asst. U.S. Attorneys David Pritchard and Elizabeth Rogers, Special Litigation Counsel Kathryn E. Gilbert, and Deputy Chief Forrest Christian of the Justice Department’s Civil Rights Division are prosecuting the case.

Reactions to the indictment

In a press conference following the indictments, RowVaughn and Rodney Wells, Nichols' parents, spoke about the news. The two said that it was a step towards justice.

"It was a surprise to us that it happened so quickly, but we are very thankful that it did," RowVaughn Wells said Tuesday. "As I’ve said before, Ty was just a free spirit. He should really be here today. He shouldn’t be gone. Because of those five police officers, he’s not. This is something that I’m going to have to deal with for the rest of my life – that I don’t have my son. But if my son had to leave this earth, in this matter, I’m hoping it was for the greater good."

Rodney Wells said the family was "ecstatic" about the indictment and that he has faith in the DOJ as they prosecute the case.

"I know if the feds picked up this case, that they’re going to go to the nth degree to make sure justice is done for Tyre," he said. "That’s what this family wants. We are very very proud. This is a very good day for the Wells family, for justice and for all our siblings."

U.S. Rep. Steve Cohen applauded the DOJ for the work that went into investigating the case Tuesday afternoon.

"Trusted law enforcement requires public accountability," Cohen said in a press release. "In such an egregious violation of Tyre Nichols' civil rights, it is the duty of federal authorities to act. I appreciate the Department of Justice Civil Rights Division's thoughtful and diligent work pursuing this case. Similarly, I commend (Ritz) for making his office so responsive to the community."

More: Shelby County DA drops '30 to 40' cases worked by officers charged in Tyre Nichols beating

Crump, who is representing the family in a civil case against the city and police department, also commended the DOJ and said it is another step towards accountability in a statement prior to the press conference.

"The news today from the United States Justice Department that there will be criminal accountability on the federal level for Tyre’s death gives his family hope as they continue to grieve his loss and inspire change in his honor," Crump said in an email statement. "We applaud AG Garland and Assistant AG Clarke for their tireless efforts to create federal accountability for these officers who were selected to be part of the Memphis Police Department's SCORPION unit and savagely ended Tyre's life, setting a critical precedent for accountability and justice."

In an email statement, State Sen. Raumesh Akbari said her thoughts are with Nichols' family, adding that accountability is important to keep trust in policing.

"The indictments issued today against the police officers involved in the tragic death of Tyre Nichols are a step forward for our community," Akbari said. "Accountability is essential for maintaining trust in our law enforcement agencies."

Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at Lucas.Finton@commercialappeal.com and followed on Twitter @LucasFinton.

This article originally appeared on Memphis Commercial Appeal: 5 Memphis officers involved in Tyre Nichols death get federal indictment