(MEMPHIS, Tenn.) — Prosecutors and defense attorneys delivered closing arguments on Wednesday in the case of the three former Memphis police officers who were charged in the January 2023 beating death of Tyre Nichols.
The jury is set to receive instructions from the judge on Thursday morning ahead of deliberations after the prosecution and the attorneys for the three former officers concluded their closing arguments on Wednesday evening.
The jury pool in the federal trial is made up of seven men and seven women, including white, Black and Asian jurors.
Federal prosecutor Kathryn Gilbert said during her closing arguments that the officers laughed and bragged about beating Nichols and did not call medics to the scene because they wanted to get away with what they did and protect themselves.
Demetrius Haley, Justin Smith and Tadarrius Bean 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. These charges carry a maximum penalty of life in prison if convicted, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
“They wanted it to be a beatdown,” Gilbert told the jury of the three former officers.
“You are what stands between them and getting away with it,” she added.
Haley, Smith and Bean were among five former officers who were charged in this case.
John Perry, Bean’s attorney, argued during his closing remarks that the force his client used during the interaction with Nichols was “not excessive.”
Both Perry and Haley’s attorney, Stephen Leffler, argued during closing arguments that their clients did not violate the policies of the Memphis Police Department.
Leffler admitted that Haley said “beat that man” and delivered a kick to Nichols, but he said “beat that man” was just a verbal command and not a physical encounter.
Smith’s lawyer, Martin Zummach, said during his closing remarks that Smith did not see Martin and Haley kick Nichols because he was blinded by pepper spray and was scared. Zummach argued that Smith did not cover up “excessive force” and said that Smith reported the kicks to his supervisor.
“He is not perfect but imperfection is not a crime,” Zummach said.
All of the five officers charged in this case were fired from MPD for violating policies.
Emmitt Martin III and Desmond Mills Jr., the two other officers who were also charged, pleaded guilty to some of the federal charges.
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.
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 testified during the federal trial of the three officers and got emotional when he took the stand.
“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much,” said Mills, who cried during his testimony, according to ABC affiliate in Memphis, WATN-TV. “It felt bad every time the picture is on the screen to know I’m a part of that. I made his child fatherless. I’m sorry. I’m sorry. I know ‘sorry’ won’t bring him back, but I pray his child has everything he needs growing up.”
Martin also testified in the officer’s federal trial and took the stand on Sept. 17.
“They were assaulting [Tyre Nichols],” Martin said of his former partners, according to WATN. “I was already angry that he ran. I kicked him … They [his former partners] were holding him up. He was helpless.”
Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition.
Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.
After the police encounter, Nichols was transferred to the hospital in critical condition. 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.
The prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death.
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