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

By Adrienne Vogt, Aditi Sangal, Elise Hammond, Tori B. Powell and Maureen Chowdhury, CNN

Updated 1:33 a.m. ET, January 27, 2023
27 Posts
Sort byDropdown arrow
5:26 p.m. ET, January 26, 2023

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:

"The first distinction, is the distinction in terms of the level of intent," Jackson told CNN. "If you charge first degree murder, the prosecutor then has to demonstrate you acted with premeditation. Second degree murder, on the other hand, you simply have to demonstrate that it was a knowing killing, as you heard the prosecutor say. What does that mean? You have to appreciate and know that the nature of your conduct could cause a death."

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.

"We'll find out whether the stop itself was legitimate," he said. "But even if the stop is legitimate, there comes a point, based upon your conduct, where you can exceed that legitimacy by detaining someone unlawfully against their will."
4:07 p.m. ET, January 26, 2023

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

From CNN’s Andy Rose

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.

“It is only right that the Memphis Police Department takes the necessary additional steps to hold these officers accountable for their role in ripping apart a family and traumatizing a community,” NAACP President and CEO Derrick Johnson said in a statement. “However, this is far from what justice looks like. Justice looks like the 535 members of Congress taking the time to turn their ‘thoughts and prayers’ into action and change."

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.

"There's no coverup. There's no suspension with pay. There's no 'We'll get to it when we want to.' There's been transparency. There's been swift action," Turner said.

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.

5:25 p.m. ET, January 26, 2023

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

From CNN's Sam Fossum and MJ Lee

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

"Public trust is the foundation of public safety and there are still too many places in America today where the bonds of trust are frayed or broken. Tyre’s death is a painful reminder that we must do more to ensure that our criminal justice system lives up to the promise of fair and impartial justice, equal treatment, and dignity for all," Biden said in the statement released following the news of charges filed against five former Memphis police officers in Nichols death after a traffic stop earlier this month

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.

4:17 p.m. ET, January 26, 2023

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.

 At a certain point in the sequence of events, it is our view that this, if it was a legal detention to begin with — it certainly became illegal at a certain point and it was unlawful detention. The aggravated nature of the charge is because if that kidnapping resulted in bodily injury, that's one grounds for saying that it is aggravated kidnapping. If the persons involved in that unlawful restraint of liberty possessed weapons, that is another ground for saying that the kidnapping was aggravated," he said.

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. 

5:31 p.m. ET, January 26, 2023

Specialized SCORPION police unit involved in death of Tyre Nichols, district attorney says

A Memphis police special unit focused on curbing violent crime was involved in the arrest, and ultimate death of Tyre Nichols, Shelby County District Attorney Steve Mulroy said Thursday.

The Street Crimes Operation to Restore Peace in Our Neighborhoods unit, or SCORPION for short, was launched in November 2021.

It is made up of teams of officers whose "primary focus will be violent crime reduction and the saturation of hot spot areas throughout the city," the police department said in a Facebook video announcing the new unit.

Asked by a reporter if the former officers that were charged in Nichols' death were members of the SCORPIONs, Mulroy only said that the violent crime unit was involved, but did not confirm the former officers were on that team.

"I think it's already been reported publicly that SCORPION unit was involved," he said.

At a later news conference, attorneys for Desmond Mills Jr. and Emmitt Martin confirmed that their clients were members of the SCORPION unit.

3:20 p.m. ET, January 26, 2023

DA hopes incident will lead to broader discussion about need for police reform

Shelby County District Attorney Steve Mulroy
Shelby County District Attorney Steve Mulroy (Ariel Cobbert for CNN)

The Tyre Nichols case should shepherd new discussions about policing in the US, Shelby County District Attorney Steve Mulroy said Thursday.

"It's my hope that if there is any silver lining to be drawn from this very dark cloud, it's that perhaps this incident can open a broader conversation about the need for police reform," Mulroy said, speaking at a news conference.

"The world is watching us, and we need to show the world what lessons we can learn from this tragedy. I'm hopeful that we can show them who I know us to be: a community working toward positive change here in Memphis and Shelby County," the district attorney added. 
4:09 p.m. ET, January 26, 2023

"This was criminal." Tennessee Bureau of Investigation head says he was sickened by what he saw on video

David Rausch, Director of TN Bureau of Investigation
David Rausch, Director of TN Bureau of Investigation (WHBQ)

The head of the Tennessee Bureau of Investigation called the death of Tyre Nichols "appalling" and "criminal."

"Simply put, this shouldn't have happened. I have been policing for more than 30 years. I have devoted my life to this profession, and I'm grieved. Frankly, I'm shocked. I'm sickened by what I saw," David Rausch, the director of the TBI, said at a news conference Thursday.

Memphis police and the TBI have been investigating the use of force in Nichols’ arrest. He said that what officials learned so far is "appalling."

"What happened here does not at all reflect proper policing. This was wrong. This was criminal. The depth and breadth of the charges announced today speaks to the deliberate and thorough investigation that this case has received, and our work is not finished," Rausch said.

Watch Here:

5:28 p.m. ET, January 26, 2023

City of Memphis will release video of arrest Friday, district attorney says

The city of Memphis will release the video of Tyre Nichols' fatal arrest Friday after 6 p.m. local time, Shelby County District Attorney Steve Mulroy said Thursday.

He said the city will also make a statement sometime later this afternoon about the timing of that release.

"The actual release will be up to the city of Memphis, but my understanding is it'll be a combination of pull-cam video, SkyCop video and body cam video." 

5:28 p.m. ET, January 26, 2023

All 5 officers indicted are responsible for the death of Tyre Nichols, district attorney says

From CNN’s Jamiel Lynch

Shelby County District Attorney Steve Mulroy said that the five officers indicted are all responsible for the death of Tyre Nichols.

A grand jury returned indictments against Emmitt Martin III, Justin Smith, Tadarrius Bean, Demetrius Haley and Desmond Mills, charging each with:

  • One charge of second-degree murder
  • One charge of aggravated assault
  • Two charges of aggravated kidnapping
  • Two charges of official misconduct
  • One charge of official oppression
"While each of the five individuals played a different role in the incident in question, the actions of all of them resulted in the death of Tyre Nichols, and they are all responsible," Mulroy said during a news conference Thursday.

The officers are currently in custody, he added.  

Mulroy went on to explain why there are charges of aggravated kidnapping in Nichols' case.

"Kidnapping is any unlawful confinement of another which substantially restrains someone's liberty. At a certain point in the sequence of events, it is our view that this, if it was a legal detention to begin with — it certainly became illegal at a certain point and it was unlawful detention. The aggravated nature of the charge is because if that kidnapping resulted in bodily injury, that's one grounds for saying that it is aggravated kidnapping. If the persons involved in that unlawful restraint of liberty possessed weapons, that is another ground for saying that the kidnapping was aggravated," he said.

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.