Police officers facing retrials for the fatal encounter with Tyre Nichols
In a recent development, Judge Lipman has ordered new trials for three former Memphis police officers – Tadarrius Bean, Demetrius Haley, and Justin Smith – who were previously charged in connection with the death of Tyre Nichols.
The decision comes after Martin Zummach, the attorney representing Justin Smith, expressed concerns about comments attributed to another judge, Norris, three days before sentencing. Zummach felt a new trial was necessary to ensure a fair and impartial verdict.
On February 1, 2024, the court found Smith and Bean guilty of one count of tampering with a witness, victim, or informant. They were acquitted on the three other counts against them. Haley was found guilty of four counts: two counts of deprivation of rights resulting in bodily injury and two counts of tampering with a witness, victim, or informant.
Emmitt Martin and Desmond Mills, two of the officers, have pleaded guilty but have not yet been sentenced. Attorneys for Bean and Haley did not immediately respond to emailed requests for comment. However, Martin Zummach stated that Judge Lipman did the right thing in granting a new trial.
Zummach also clarified that Smith and Bean cannot be charged again on the more serious civil rights counts at a new trial because they were acquitted of these counts.
The controversy surrounding the case began on January 7, 2023, when Nichols was beaten by police officers during a traffic stop and after being caught, as shown in a video released three weeks later. The video depicted the police's aggressive, chaotic, and at times inconsistent demands and actions towards Nichols, including punching him while he was held.
Five now-former police officers were charged federally in the case. The new trials are expected to shed more light on the events leading to Nichols' death and provide closure for his family and the community.
