Tyre Nichols' death: Asheville chief says 'horrific,' would 'proactively' fire officers

ASHEVILLE - Police Chief David Zack has reacted to the alleged fatal beating of Black Memphis resident Tyre Nichols by that city's police officers, calling the incident "horrific" and saying the goal for his department is to fire any problem officers before such incidents could happen.

Zack made the statement in an official release by the Asheville Police Department sent out hours after Memphis police released videos the night of Jan. 27 of the beating and tasing of an apparently helpless Nichols, leading to murder charges against five officers, who are also Black.

Zack was among law enforcement leaders who put out public statements condemning the officers' actions. Sheriff Quentin Miller, Buncombe County's first Black sheriff who was re-elected in November to a second four-year term, did not.

"Like many Americans, I am outraged by the video from the Memphis Police Department. The former officers’ actions are horrific, unconscionable, and an embarrassment to the profession of law enforcement," Zack said in the Jan. 27 statement.

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"My heart goes out to the family and friends of Tyre Nichols and the entire community of Memphis," the chief said.

The APD, he said, "remains committed to making sure we hire the highest quality candidates by recruiting and thoroughly screening the individuals we are employing. If an officer's behavior is not aligned with our extremely high standards and values my goal as chief of police would be to proactively seek to dismiss them before any incidents would occur."

"Our officers are trained to treat everyone they encounter with dignity and respect, and we will continue to work hard to make sure those values continue to prevail."

Zack took over as chief in 2020, three years after Asheville was rocked by the brutal ― but non-fatal ― beating of Black pedestrian Johnnie Rush by white Officer Chris Hickman after a jaywalking stop.

While no large Asheville protest has so far followed Nichols' death, the city saw up to an estimated 1,000 demonstrators in multi-day protests after the 2020 murder of Black Minneapolis resident George Floyd. At that time, Zack and City Council members drew parallels between Floyd's death and Rush's beating, saying they would work to reduce institutional racism and police brutality.

"I cannot guarantee this will never happen on my watch. No chief can," Zack said in a May 29, 2020 statement. "What I can and do is guarantee accountability. I will continue to provide training on the correct use of force and set expectations it must be followed properly."

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In one high-profile termination, Zack fired Officer Anthony Sorangelo after he punched an intoxicated man who was lying handcuffed in the back of a patrol car, apparently knocking him unconscious. Sorangelo, who did not seek medical assistance for the man, was charged with assault. But a Buncombe County District Court judge dismissed the case. Sorangelo is suing Zack and District Attorney Todd Williams, saying he should not have been fired or prosecuted.

Miller was among other sheriffs and heads of law enforcement who did not put out statements after Nichols's death. The sheriff and his spokesperson did not respond to messages from the Citizen Times Jan. 27 and Jan. 28. As the protests over Floyd's murder erupted more than two years ago, Miller condemned white Minneapolis Officer Derek Chauvin, who knelt on the back of Floyd's neck as Floyd and bystanders cried out that he was in physical distress.

"We've seen the peaceful marches and we have seen some actions I will tell you I can't condone because they are illegal," Miller told hundreds attending a June 4, 2020 interfaith gathering. "But I will tell you we must now do something other than talk."

More:At Asheville MLK Prayer Breakfast, a family's story of fortitude in the face of racism

The sheriff's office has faced fewer public racially charged incidents than APD ― though last year a white deputy, Jeff May, was found liable in federal court for violating the civil rights of Marcus Hyatt, who is Black, when he conducted a strip search of Hyatt in an Asheville gas station bathroom in 2018.

Speaking to the Citizen Times Jan. 28 about Nichols's death, Hyatt said while his situation was far less tragic, it was another example of law enforcement abuse.

"We were basically kidnapped, detained for hours, searched multiple times and nothing found," he said.

More:Another Black resident has sued over strip search in Asheville traffic stop

More:White deputy who strip-searched Black man in Asheville gas station calls for new trial

Hyatt said he feels justice still has not been done, with other deputies involved found not liable. Five months later he has not received the $50,000 in damages he won because of continued motions by attorneys who are arguing over attorneys fees and filings by May's lawyer saying the judge should declare a mistrial.

May, who was found to have fabricated evidence and lied to a judge to get a warrant, was still employed by Miller as a November.

He was a member of the Buncombe County Anti-Crime Task Force. BCAT Executive Lt. Scott Robinson was fired in August after an excessive force probe.

Miller was among seven Black sheriffs who were elected across the state in 2018. One of them, Forsyth County Sheriff Bobby F. Kimbrough Jr., was among those who spoke out about Nichols's alleged murder.

“Like most of you can’t be silent ― nor should you be silent ― neither can I. After seeing this horrifying, despicable taking of the life of Tyre Nichols, it requires our voices to be heard," Kimbrough said in a Jan. 28 Facebook post.

Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: On Tyre Nichols's death, Asheville chief: 'proactively' fire officers