What could the federal Tyre Nichols case mean for other cases happening now?

Five now-former Memphis police officers were indicted in federal court Tuesday and accused of violating 29-year-old Tyre Nichols' constitutional rights during a Jan. 7 traffic stop that turned into a beating.

The federal indictment is the beginning of a second criminal case the five officers are facing. The five have been facing criminal charges in Shelby County Criminal Court since Jan. 27.

Here's what to know about the federal indictment.

What are the 5 Memphis officers charged with?

U.S. Attorney General for the Western District of Tennessee Kevin Ritz answers questions from the press as Assistant U.S. Attorney General Kristen Clarke, head of the Department of Justice’s civil rights division, looks on during a press conference announcing that an indictment is pending in federal court for the five now-former Memphis police officers involved in the Tyre Nichols case in Memphis, Tenn., on Tuesday, September 12, 2023.

The five officers — Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills and Justin Smith — face four federal counts: excessive force and failure to intervene, deliberate indifference, conspiracy to witness tamper and obstruction of justice.

The first two are crimes that violated Nichols' rights and carry a maximum sentence of life in federal prison. The latter two carry up to 20 years in federal prison.

There is no parole in the federal system.

The excessive force and failure to intervene charge stems from the beating itself, the U.S. Department of Justice alleged. In the indictment, federal prosecutors said the officers' actions directly led to Nichols' death.

Deliberate indifference was a charge linked to the immediate aftermath of the beating. For a conviction on this charge to stick, prosecutors must show that the five officers intentionally disregarded Nichols' safety and health while he was in their custody.

The indictment said the officers "knew that Nichols, an arrestee in police custody, had a serious medical need and the defendants willfully disregarded that medical need by failing to render medical aid" and by not telling the dispatcher and medical personnel that they had beat Nichols.

U.S. Attorney General for the Western District of Tennessee Kevin Ritz looks on as Assistant U.S. Attorney General Kristen Clarke, head of the Department of Justice’s civil rights division, looks on during a press conference announcing that an indictment is pending in federal court for the five now-former Memphis police officers involved in the Tyre Nichols case in Memphis, Tenn., on Tuesday, September 12, 2023.

The conspiracy to witness tamper charge alleges that the officers worked together to prevent, or slow, the news of what actually happened to Nichols from emerging.

The obstruction charge alleges that the officers attempted to influence the narrative that was written in the initial incident report and administrative investigations through misleading or outright false claims to supervisors.

Does the indictment provide any additional information?

The indictment itself is fairly barebones and filled with legal jargon that briefly explains why each charge was levied against the officers.

However, a subsection of the conspiracy charge lays out the "overt acts" that the DOJ alleges the officers engaged in to tamper with witnesses and contains new details about what was said in the immediate and long-term aftermath.

New details allege that the five officers "used their MPD body-worn cameras in such a way as to limit the capture of evidence at the arrest scene." The indictment goes on to say that Martin moved his body camera so that it would not film the beating.

It also alleges that Haley and Smith did not turn their cameras on until after Nichols had been beaten.

Though some discussions were overheard in the footage released by the City of Memphis weeks after the beating, the indictment added some additional comments that were made.

"...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.

At the police station, the indictment alleges the officers said that Nichols was resisting arrest and grabbing at their gun belts and vests. Mills and Smith, the indictment said, went as far as telling the detective writing the incident report "that Nichols was so strong that he lifted two officers in the air."

Nichols' family has said he had a slim build.

Civil rights attorney Ben Crump speaks at a press conference while holding up five fingers for the five former Memphis Police Department officers involved in the death of Tyre Nichols after the Department of Justice announced that an indictment is pending in federal court for the five officers in Memphis, Tenn., on Tuesday, September 12, 2023.
Civil rights attorney Ben Crump speaks at a press conference while holding up five fingers for the five former Memphis Police Department officers involved in the death of Tyre Nichols after the Department of Justice announced that an indictment is pending in federal court for the five officers in Memphis, Tenn., on Tuesday, September 12, 2023.

What does this indictment mean for the ongoing cases?

It is not immediately clear what the indictment will mean for the state criminal case or for the $550 million civil action that Nichols' family — represented by notable civil rights attorney Ben Crump.

Multiple motions have been filed by the five criminally charged officers to have the civil case put on hold while the criminal case at the state level is pending. In those filings, the officers also wrote that federal charges were expected.

The City of Memphis and Memphis Police Chief Cerelyn "C.J." Davis, who are also co-defendants in the civil action, have filed motions opposing the pause and have asked to be dismissed from the case. In their motion to dismiss, the city wrote that the officers were "rogue" and that the city should not be responsible because of that.

Crump, during a Tuesday evening press conference, said he hoped that the other cases would not be placed on hold while the federal case is litigated.

"I can't fathom how delaying this helps anybody," Crump said. "This is a case in criminal court where — unless they plead guilty — that's going to go to trial, and the civil case — unless the city steps up and does right by Tyre Nichols' family — is going to trial. I don't think it gets better for [the City of Memphis] as time passes."

U.S. Attorney for the Western District of Tennessee Kevin Ritz said during a separate Tuesday press conference that the first appearance of the officers in federal court would happen "within days," though he could not specifically say what the timeline for the federal case would be.

Federal courts cannot place a stay on state criminal proceedings unless authorized by the U.S. Congress, so it is unlikely the case in Shelby County Criminal Court will be paused that way.

The judge overseeing the case in Shelby County, Criminal Court Judge James Jones Jr., could grant a stay in the case, however, if the federal case is deemed to have an impact on the state case. That, too, seems unlikely as the state case involves murder, kidnapping and aggravated assault charges, and the federal case charges the former officers with violating the U.S. Constitution.

The civil case, which was also filed in federal court, may be the most likely case to be placed on hold.

Rodney Wells and RowVaughn Wells, the parents of Tyre Nichols, close their eyes in prayer as a photo of their son looks on behind them during a press conference held by civil rights attorney Ben Crump after the Department of Justice announced that an indictment is pending in federal court for the five now-former Memphis police officers involved in the Tyre Nichols case at Mississippi Boulevard Baptist Church in Memphis, Tenn., on Tuesday, September 12, 2023.

Though a ruling on the stays in the Nichols civil case has not been issued, a different judge in federal court — Judge John Thomas Fowlkes Jr. — paused a civil case brought by Monterrious Harris that also named the five criminally charged officers.

That lawsuit claims Harris was beaten by those officers three days before Nichols was. Harris survived the beating.

"In balancing the relevant factors for granting a stay, a stay of these proceedings is appropriate, inthe interest of justice and outweighs any prejudice that may be caused to Plaintiff," Fowlkes wrote in the ruling.

Conversely, Crump settled a civil case for the family of George Floyd while the officer that would later be convicted of killing Floyd, Derek Chauvin, was preparing to have his criminal case go to trial. The civil case was not stayed, and Chauvin's attorneys cited the settlement in his appeal of the state conviction.

Chauvin pleaded guilty to the federal charges that alleged he violated Floyd's civil rights.

Rodney Wells and RowVaughn Wells, the parents of Tyre Nichols, listen as a photo of their son looks on behind them during a press conference held by civil rights attorney Ben Crump after the Department of Justice announced that an indictment is pending in federal court for the five now-former Memphis police officers involved in the Tyre Nichols case at Mississippi Boulevard Baptist Church in Memphis, Tenn., on Tuesday, September 12, 2023.

How family, public officials reacted to the indictment

Almost two hours after the indictment was announced at a press conference Tuesday, Nichols' parents spoke at a press conference at Mississippi Boulevard Christian Church. In that press conference, they thanked the DOJ for acting swiftly and said this is another step towards justice.

"It was a surprise to us that it happened so quickly, but we are very thankful that it did," RowVaughn Wells, Nichols' mother, 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 (here). 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, Nichols' father, said the family was "ecstatic" about the indictment and that he has faith in the DOJ's ability to 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."

The death of Tyre Nichols in Memphis: What to Know

Public officials, including U.S. Rep. Steve Cohen and State Sen. Raumesh Akbari, both Democrats from Memphis, also applauded the DOJ for the indictment and said that it was a step towards restoring and maintaining trust in law enforcement.

"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."

Rodney Wells, the father of Tyre Nichols, speaks during a press conference held by civil rights attorney Ben Crump as a photo of his son looks down on him after the Department of Justice announced that an indictment is pending in federal court for the five now-former Memphis police officers involved in the Tyre Nichols case at Mississippi Boulevard Baptist Church in Memphis, Tenn., on Tuesday, September 12, 2023.

After the indictment was filed in the U.S. District Court for the Western District of Tennessee Tuesday afternoon, U.S. Attorney General Merrick Garland said the officers that were indicted "dishonor" police who work to keep communities safe.

“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,’” 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."

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 ex-Memphis officers federally indicted: What could happen next?