(MEMPHIS, Tenn.) — Attorneys for two of the three former Memphis police officers facing charges in the January 2023 beating death of Tyre Nichols rested their cases on Monday.
Demetrius Haley’s and Tadarrius Bean’s lawyers said they wouldn’t call any more witnesses to the stand, according to WATN-TV. The two ex-officers did not testify at the trial, but Justin Smith, the third defendant, might be called to the stand. Martin Zummach, Smith’s attorney, said in opening arguments that the former officer will testify, according to WATN.
Smith, Bean and Haley 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.
Emmitt Martin III and Desmond Mills Jr., the two other officers who were also charged in this case, have 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.
Michael Stengel, Haley’s lawyer, and John Perry, Bean’s attorney, each called for the testimony of police-use-of-force experts in previous days attempting to justify the officers’ actions during the encounter with Nichols.
Zummach called Jared Zwickey, who had been in law enforcement for 50 years, to the stand as an expert witness, according to WATN. Zwickey testified that the actions of Smith, who was characterized as the unit’s team leader, were consistent with Memphis police and national policing standards and training.
“Hit him,” Smith could be heard saying on police body camera video during the beating, according to WATN.
“It’d be appropriate if the officer needed help,” Zwickey said when asked if Smith’s statement was appropriate during the Nichols’ encounter.
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. All of the officers were fired for violating MPD policies.
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