January 26, 2023 - 5 former officers indicted in death of Tyre Nichols | CNN

January 26, 2023 - 5 former officers indicted in death of Tyre Nichols

01 tyre nichols
CNN obtains audio of traffic stop involving Tyre Nichols
02:24 - Source: CNN

What we covered

  • Officers indicted: Five former Memphis police officers involved in the arrest of Tyre Nichols, who died following a traffic stop, are facing murder charges, according to Shelby County District Attorney Steve Mulroy.
  • Video to be released Friday: The city of Memphis plans to release video of Nichols’ arrest sometime after 6 p.m. local time (7 p.m. ET) Friday, Mulroy said.
  • About the case: Nichols died three days after he was pulled over for alleged reckless driving on Jan. 7. Memphis police and the Tennessee Bureau of Investigation have been investigating the use of force in Nichols’ arrest.

Our live coverage has ended. Follow the latest news here or read through the updates below.

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Attorney Ben Crump says video of Tyre Nichols stop will "remind you of Rodney King in many regards"

Civil rights attorney Ben Crump speaks at a news conference with the family of Tyre Nichols in Memphis on Monday.

Attorney Ben Crump, who represents Tyre Nichols’ family, told CNN’s Allison Camerota Thursday the video of the events leading to Nichols’ death will “remind you of Rodney King in many regards.” 

King, a Black motorist, was beaten by Los Angeles Police Department officers in a 1991 incident that was captured on video, triggering riots a year later after four White officers were acquitted of assault.

The city of Memphis plans to release video of Nichols’ arrest sometime after 6 p.m. local time (7 p.m. ET) Friday, according to Shelby County District Attorney Steve Mulroy.

The attorney noted that at the end of the video Nichols’ can be heard calling for his mother three times before falling silent.

“That’s what’s so painful, because you want some ounce of humanity. Somebody to say, ‘hey, we’ve got to try to help him — and it never occurs and that’s what’s so troubling about the video,” the attorney said.

Crump said when the video is released on Friday, it will “evoke strong emotions, very strong emotions,” reiterating the Nichols’ family has asked that anyone protesting do so peacefully.

In photos: Memphis holds candlelight vigil for Tyre Nichols

The family of Tyre Nichols and members of the Memphis community attended a candlelight prayer vigil at the city’s Tobey Skatepark on Thursday to celebrate the 29-year-old’s life.

Nichols was fond of skateboarding in Shelby Farms Park, going to Starbucks with friends and photographing sunsets, and he had his mother’s name tattooed on his arm, the family said.

Tyre Nichols' mother is seen at a candlelight vigil in memory of him at Tobey Skatepark in Memphis on Thursday, January 26, 2023.
Memphis community members and local organizers gather for a candlelight vigil in memory of Tyre Nichols at Tobey Skatepark in Memphis on Thursday, January 26, 2023.
Andre E. Johnson leads a prayer at the candlelight vigil.
Local skaters ride at the candlelight vigil at Tobey Skatepark.
Signs and candles are seen at Tobey Skatepark.

Memphis school district cancels Friday after-school activities ahead of video release

All after-school activities and events are canceled on Friday, Memphis Shelby County Schools said in a Twitter post. 

The district is also postponing its 2023 School Choice Showcase which was scheduled for Saturday,. 

The district plans to announce any further cancellations for Saturday activities by Friday evening. 

The city of Memphis plans to release video of Nichols’ arrest sometime after 6 p.m. local time (7 p.m. ET) Friday, according to Shelby County District Attorney Steve Mulroy.

Tyre Nichols' mother calls for peaceful protests after footage is released Friday

RowVaughn Wells. Tyre Nichols' mother, speaks during a vigil on Thursday.

RowVaughn Wells, the mother of Tyre Nichols, asked for people to protest peacefully after footage showing her son’s arrest is released Friday evening.

The city of Memphis plans to release video of Nichols’ arrest sometime after 6 p.m. local time (7 p.m. ET) Friday, according to Shelby County District Attorney Steve Mulroy.

Correction: A previous version of this post misspelled RowVaughn Wells’ first name.

Law enforcement across cities nationwide are on edge ahead of video release

Mounted Memphis Police Department officers are seennext to the Shelby County Criminal Justice Center in Memphis, Tennessee, on Thursday, January 26.

Police departments across the country told CNN they are either monitoring the events in Memphis, Tennessee, closely or already have plans in place in case of large-scale protests or unrest relating to the case of Tyre Nichols.

The city of Memphis plans to release video of Nichols’ fatal arrest sometime after 6 p.m. local time (7 p.m. ET) Friday.

In preparation, the Atlanta Police Department has moved to 12-hour shifts and canceled days off.

The Los Angeles Police Department is “closely monitoring what is going on in the county and is prepared for any situation that might arise,” said Tony Im, a LAPD spokesperson.  

In Seattle, Det. Judinna Gulpan said the police department “is planning, preparing, and staffing to provide public safety throughout the city should police resources be needed.”   

The Denver Police Department said it “is monitoring for any potential demonstration activity in Denver, and will adjust resources if or as needed.”   

The Oakland Police Department in California said it’s unaware of any planned protests or marches, but is monitoring the situation. 

 The New York Police Department said it’s prepared for any potential unrest.

The Dallas Police Department told CNN their leadership has been in contact with community and faith-based leaders to prepare for potential protests and vigils.  

Nichols’ family attorneys urge DOJ to investigate use of "saturation unit policing" by cities

In an open letter, the attorneys for the family of Tyre Nichols wrote that they want changes to “saturation unit” policing in wake of his death. 

“Pro-active policing” or “saturation unit policing,” whether the officers are in unmarked cars wearing tactical vests or “jump-out boys” in plain clothes and undercover, is defined by several common and dangerous components, Attorneys Ben Crump and Antonio Romanucci wrote. 

The units are intended to flood troubled areas with officers to stem high crime, they noted.

The attorneys said the aggressive encounters, which they noted focused often on Black and brown people, can destroy trust between police and communities.

They also can “lead to physical injury or death when the culture of unchecked, pro-active policing overtakes common sense.”

At least two of the officers charged in Nichols’ death were members of the Memphis Police SCORPION (Street Crimes Operation to Restore Peace in our Neighborhoods) unit, according to their own attorneys. 

The attorneys urged Attorney General Merrick Garland and the Department of Justice to investigate cities that use these tactics to “determine if they are effective in reducing crime and ask for all data on injuries and deaths related to ‘saturation patrols’ as well as a compilation of complaints from citizens.

2nd former Memphis police officer released from jail after posting $250,000 bond, records show

Justin Smith

Justin Smith, one of the five former Memphis Police officers indicted in the death of Tyre Nichols, was released on $250,000 bond Thursday night, according to Shelby County Jail records.

His release came shortly after Desmond Mills Jr., another defendant in the case, was set free after posting a $250,000 bond.

The three other indicted officers – Emmitt Martin, Tadarrius Bean and Demetrius Haley – were still in jail Thursday night.

Family friend of indicted officer says he is “remorseful”

Bennie Cobb is a family friend of Emmitt Martin III, one of the five former officers indicted in the death of Tyre Nichols.

A self-described longtime family friend of Emmitt Martin III, one of the five former officers indicted in the death of Tyre Nichols, said Martin came to his office in the days following the fatal traffic stop.

Bennie Cobb told CNN Martin appeared “nervous” about his future as a police officer and “remorseful” for what happened. He also recalled Martin asking for help with obtaining an attorney.

Cobb said Martin texted him “a couple of weeks ago” saying that he needed to talk. The two spoke for about two hours in-person, according to Cobb.

When the two met, he said Martin arrived looking “shaken” and “tired.” Martin came to discuss Nichols’ death and his involvement with it.

“He was really remorseful and kind of embarrassed,” said Cobb, who considers himself a mentor to Martin.

Cobb said he and Martin prayed together, which included words for the Nichols family.

The 40-year law enforcement veteran expressed he was concerned after hearing Martin’s description of what happened, especially regarding communication – or lack thereof – with dispatch as well as with his supervising officers.

Cobb said Martin told him that the officers used pepper spray, batons and a Taser. After hearing how the confrontation with Nichols proceeded, Martin said it was concerning to him.

"It was an MMA fight, except there was only one side that was MMA." Attorney describes Nichols' arrest video

Antonio Romanucci attorney for Tyre Nichols' family said the 29-year-old man looked "helpless" in the video.

The attorney for Tyre Nichols’ family has seen video of the events leading to his death and said people should be prepared for a disturbing scene.

The video is scheduled to be released sometime after 6 p.m. local time (7 p.m. ET) Friday, according to Shelby County District Attorney Steve Mulroy.

Indictments were announced Thursday for five former Memphis Police officers on multiple charges, including second-degree murder.

Even after seeing the video of what happened, the family is still not clear why police stopped Nichols in the first place, Romanucci said.

Romanucci said he hopes there will be “peace in the streets” after the video is released Friday, and he says Nichols’ family was pleased with Thursday’s announcement of charges.

“Clearly, they wanted the absolute utmost charges, and I think with what we see today, they’re going to get that,” said Romanucci.

It's 9:30 p.m. ET. Here's what we learned today about the death of Tyre Nichols

Indictments: A grand jury returned indictments against the five ex-cops involved in Tyre Nichols’ fatal traffic stop arrest. Shelby County District Attorney Steve Mulroy said the indicted officers are all responsible for Nichols’ death. Each ex-cop faces one charge of second-degree murder, one charge of aggravated assault, two charges of aggravated kidnapping, two charges of official misconduct and one charge of official oppression. One of the five who was charged was released from jail Thursday night after posting $250,000 bond. The other four former officers had not yet posted bond as of Thursday evening, records showed.

Indictment reactions: Lawyers for two of the former officers charged in Nichols’ death said they are waiting to see how the justice system plays out, emphasizing both of their clients are upset about the situation. The Nichols family attorneys said the grand jury’s decision “gives us hope as we continue to push for justice for Tyre.” The NAACP said the indictments should spur national action to curb police brutality. And Memphis Mayor Jim Strickland thanked Mulroy, the district attorney, for bringing forward the indictments. He said officials are “doing everything we can to prevent this from happening again.”

Video release: The city of Memphis will release the video of Nichols’ fatal arrest on Friday sometime after 6 p.m. local time, Mulroy said Thursday. He told CNN the video does not show the full encounter between Nichols and police. Nichols’ family on Monday met with Memphis officials and viewed video recordings of his arrest ahead of its release. The head of the Tennessee Bureau of Investigation said Thursday he was “sickened” by what he saw in the video. And Antonio Romanucci, attorney for Nichols’ family, told CNN Thursday people should be prepared for a disturbing scene.

Former Memphis officer Desmond Mills Jr. released on bond

Desmond Mills Jr

One of the five former Memphis Police officers who was charged with second-degree murder in the death of Tyre Nichols was released from jail Thursday night, according to Shelby County Jail records.

Desmond Mills Jr. posted $250,000 bond.

The other four former officers who were charged had not yet posted bond Thursday evening, records showed.

District attorney: Video of altercation between Nichols and police does not show full encounter

Shelby County District Attorney Steve Mulroy speaks at a press on Thursday, January 26.

Shelby County District Attorney Steve Mulroy said video shows police officers were already “highly charged up” from the initial interaction with Tyre Nichols and it escalated from there, adding the footage does not show the beginning of the encounter with him.

Mulroy told CNN’s Erin Burnett he is very confident “we can secure a conviction. We have a very strong case and we’re ready for the process to go forward.”

The city of Memphis plans to release video of Nichols’ arrest sometime after 6 p.m. local time (7 p.m. ET) Friday, according to the district attorney.

Tennessee governor vows abuse of power won't be tolerated in light of Tyre Nichols' death

Tennessee Gov. Bill Lee offered his sympathies to the family of Tyre Nichols and vowed that “cruel, criminal abuse of power will not be tolerated in the state.”

“The City of Memphis & the Memphis Police Department need to take a hard look at the misconduct & failure that has occurred within this unit. I discussed this with Mayor Strickland & am pleased the city is pursuing an external, impartial investigation,” it added.

"I am sad and angry for the family of Tyre Nichols." Memphis mayor praises swift action to bring charges

Ahead of the city’s plan to release video of Tyre Nichols’ arrest, Memphis Mayor Jim Strickland said officials wanted to be sure Nichols’ family had a chance to privately view the footage.

“I am sad and angry for the family of Tyre Nichols. I am also angry for the many good men and women of the Memphis Police Department who devote their lives to serving our citizens,” he said in a video statement posted on Facebook on Thursday.

Video of the fatal police encounter, a mix of body-camera video and pole-cam video, is expected to be released Friday evening, he said, echoing an announcement from the Shelby County district attorney earlier Thursday.

Strickland thanked Memphis Police Chief Cerelyn Davis for moving quickly with the “administrative procedure” resulting in the firing of the five officers involved in the traffic stop. He also thanked Shelby County District Attorney Steve Mulroy for bringing forward the indictments.

The five former officers have each been charged with second-degree murder, aggravated assault, two charges of aggravated kidnapping, two charges of official misconduct and one charge of official oppression.

The mayor said officials are “doing everything we can to prevent this from happening again,” including initiating an outside, independent review of policies and training of specialized units within the Memphis Police Department.

Some context: Attorneys for two of the former officers, Desmond Mills Jr. and Emmitt Martin, confirmed that their clients were members of the Street Crimes Operation to Restore Peace in Our Neighborhoods, or SCORPION unit. It is a specialized team focused on curbing violent crime, according to MPD.

Earlier Thursday, District Attorney Steve Mulroy said the unit was “involved” in Nichols’ arrest.

Watch the video:

City council members say Memphis is prepared for peaceful protests and "any potential of rioting"

Memphis City Council Chairman Martavius Jones

Memphis City Council Chairman Martavius Jones told CNN that he hopes the charges announced against five former officers from the arrest of Tyre Nichols will help address the concerns of community members ahead of the expected release of video from the encounter.

“Our next step is going to see what the video actually looks like, and we hope that since we’ve delivered this accountability, that the community will accept that steps are being taken to bring justice to those individuals responsible for this act,” Jones told CNN’s Victor Blackwell during CNN Newsroom.

City Council Vice Chair JB Smiley Jr. said the city will continue to work with community leaders and organizers ahead of the video release, in hopes of quelling any potentially dangerous protests.

The city of Memphis plans to release video of Nichols’ arrest sometime after 6 p.m. local time (7 p.m. ET) Friday, according to the county district attorney.

"No one out there that night intended for Tyre Nichols to die." Attorneys for 2 ex-officers discuss charges

Blake Ballin, left, attorney for Desmond Mills Jr., and William Massey, attorney for Emmitt Martin

Lawyers for two former Memphis police officers being charged with murder in the death of Tyre Nichols said they are waiting to see how the justice system plays out, emphasizing that both of their clients are upset about the situation.

Blake Ballin, attorney for Desmond Mills Jr., and William Massey, attorney for Emmitt Martin, said they have not seen the video of Nichols’ arrest. It is expected to be released Friday evening, according to the Shelby County district attorney.

“Justice means following the law and the law says that no one is guilty until a jury says they’re guilty,” Massey said. He said his client intends to post a bond of $350,000 and also will plead not guilty. 

Mills Jr. and Martin, along with three other former MPD officers, were indicted on charges including murder and kidnapping, Shelby County District Attorney Steve Mulroy announced Thursday.

Ballin said his client, Mills Jr., “could not be more upset about this entire situation.”

He said Mills Jr. is in the process of posting a $250,000 bond to secure his release and plans to enter a not-guilty plea in court. 

Though he said he has not had a conversation specifically about Nichols yet with Mills Jr., “to be accused of being involved in the death of another is devastating.”

While this is just the beginning of the process, Ballin said, the announcement of charges is causing Mills Jr. and his family a lot of “anxiety and a lot of pain, not only for his own situation but for what this kind of accusation, what this kind of incident, is doing to our city.”

The attorneys said initial court appearance dates had not yet been set.

CNN’s Andy Rose contributed reporting to this post.

CNN legal analyst explains why charges of second-degree murder were brought against former officers

A grand jury on Thursday returned indictments against Emmitt Martin III, Justin Smith, Tadarrius Bean, Demetrius Haley and Desmond Mills. 

Each former officer is charged with second-degree murder, aggravated assault, two charges of aggravated kidnapping, two charges of official misconduct and one charge of official oppression for their alleged roles in the death of Tyre Nichols. 

According to attorney and CNN legal analyst Joey Jackson, the charges are “very significant and very important and can land all of these officers in jail, essentially if it’s 15 to 60 years, for the rest of their natural lives.”

He said that there are “two distinctions” when comparing charges for first-degree versus second-degree murder:

Under Tennessee sentencing guidelines, a conviction for first-degree murder could warrant life in prison or life without parole, Jackson said. For second-degree murder, the ex-officers could face 15 to 60 years if convicted, he said.

Jackson said the video of Nichols’ fatal traffic stop arrest will be “significant” to the case, which Shelby County District Attorney Steve Mulroy said will be released by the city of Memphis after 6 p.m. local time on Friday.

NAACP calls for congressional action following murder charges for ex-officers

The NAACP said Thursday that the decision of a grand jury to indict five former Memphis police officers for the murder of Tyre Nichols should spur national action to curb police brutality.

Johnson’s statement did not specify what law the association wants to be passed but said Congress’ record in the wake of killings at the hands of police is notable.

“We can name all the victims of police violence, but we can’t name a single law you have passed to address it,” Johnson added.

Separately, Memphis NAACP branch president Van Turner told CNN’s Don Lemon that he thinks authorities have been transparent.

He also encouraged members of the community who are planning to protest to do so in a peaceful way.

“I don’t expect there to be, you know, violence because there’s been transparency. The officers have been terminated, they’ve been charged. We know that the video will be bad. We know that there will be protests, but having citizens come out over the weekend to share that frustration with what has occurred may not be a bad idea,” he said.  

CNN’s Sabrina Clay contributed to this report.

Biden: The family of Tyre Nichols "deserves a swift, full, and transparent investigation"

President Joe Biden released a statement Thursday and that the family of Tyre Nichols “deserves a swift, full, and transparent investigation into his death.”

He added: “To deliver real change, we must have accountability when law enforcement officers violate their oaths, and we need to build lasting trust between law enforcement, the vast majority of whom wear the badge honorably, and the communities they are sworn to serve and protect.”

Biden was briefed earlier Thursdays on the charges, according to a White House official.

Why are officers charged with aggravated kidnapping? District attorney explains reasoning

Shelby County District Attorney Steve Mulroy explained to reporters why there are charges related to aggravated kidnapping in Tyre Nichols’ case.

Mulroy, addressing a news conference on Thursday, defined kidnapping as “any unlawful confinement of another which substantially restrains someone’s liberty.”

He then described how the circumstances in Nichols’ case fit the kidnapping charge.

Nichols died three days after he was pulled over for alleged reckless driving by Memphis Police Department officers, as CNN previously reported.

In a statement, police claimed confrontations ensued between Nichols and the officers. After he was taken into custody, police said, Nichols complained he was having shortness of breath and was taken to a local hospital, where he later died. 

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5 Memphis officers fired after death of man who was hospitalized after his arrest
DOJ and FBI open civil rights investigation into the death of Memphis man who passed away after arrest

GO DEEPER

The baby of his family. A father. A loving son. A kind friend. This is the Tyre Nichols his loved ones remember
Tyre Nichols’ family attorney says video shows police beating Nichols like a ‘human pinata’
5 Memphis officers fired after death of man who was hospitalized after his arrest
DOJ and FBI open civil rights investigation into the death of Memphis man who passed away after arrest