(MEMPHIS, Tenn.) — The federal trial of three former Memphis police officers charged in connection with the January 2023 beating death of Tyre Nichols continued Monday, with the cross-examination of a Memphis Police Department (MPD) lieutenant who trained the defendants.
Kevin Whitmore, who is representing ex-officer Tadarrius Bean, cross-examined Second Lt. Larnce Wright on training methods at the police academy, noting that Wright did not train Bean in several courses, so he could not speak to what Bean was taught, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom.
Wright did not teach the officers how to write reports, provide medical classes for them or teach them about the duty of an officer to intervene if another officer engages in misconduct, according to WATN.
Last Thursday, Wright testified that the scenario of the initial traffic stop involving Nichols should have been low-risk, according to WATN. Wright said during the initial stop, Nichols voicing that he was trying to do what was asked should have led officers to deescalate the situation. Wright claimed officers were not following training for several reasons and described Nichols’ behavior as human nature, according to WATN.
The former officers — Bean, Demetrius Haley and Justin Smith — were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid — charges that carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
On Monday, Whitmore showed Wright several presentation slides he uses in training, which the attorney said denoted that there is no such thing as a routine traffic stop, which “could turn violent in an instant,” according to WATN.
The defense argued that training is only as good as the trainer.
Wright claimed that if a violent felony was not committed, pursuit is not allowed, according to WATN. Body-camera footage shows Nichols fled after police initially pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes later. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The beating triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate Nichols was driving recklessly.
Whitmore asked Wright if an officer could have tunnel vision during an arrest, alluding to the possibility that Bean was focused on handcuffing Nichols and didn’t see what was happening to the suspect, according to WATN.
Desmond Mills Jr. and Emmitt Martin III, the two additional officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
The prosecution told ABC News in a statement Thursday that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition where he later died. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
Michael Stengel, Haley’s attorney, officially asked for a mistrial on Friday due to the forms — known as response to resistance — that were submitted as evidence for the trial, according to WATN. The ex-officers were required to fill out these forms to explain their use of force against Nichols. Stengel argued the documents were protected by Garrity. Garrity rights protect public employees from being compelled to self-incrimination during investigative interviews conducted by their employers, according to a Tennessee attorney general legal document. Stengel argued that the response to resistance forms the ex-officers filled out could not be used as evidence to protect the ex-officers’ Garrity rights.
Judge Mark Norris decided the documentation forms do not violate the ex-officers’ Garrity rights and ruled in favor of keeping them as evidence, according to WATN. Norris said on Monday that there are 37 witness testimonies left in the trial, and that a juror has potentially been lost due to illness, according to WATN.
Martin, one of two ex-officers who plead guilty to charges connected to the death of Tyre Nichols, was called to the stand after Wright was finished with questioning. Martin began his testimony Monday, towards the end of day.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that has since been disbanded after Nichols’ death. All the officers were fired for violating MPD policies.
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