Memphis braces for release of video in Nichols’ arrest

MEMPHIS, TENNESSEE - JANUARY 26: People attend a candlelight vigil in memory of Tyre Nichols at the Tobey Skate Park on January 26, 2023 in Memphis, Tennessee. 29-year-old Tyre Nichols died from his injuries three days after being severely beaten by five Memphis police officers on January 7. The officers have since been fired with criminal charges against the officers announced today. The video of the police encounter is expected to be released on Friday. (Photo by Scott Olson/Getty Images) (Scott Olson, 2023 Getty Images)

MEMPHIS, Tenn. – Authorities announced the Friday release of police video depicting five officers beating a Black man whose death prompted murder charges against them and provoked outrage at the country’s latest instance of police brutality. Family members of Tyre Nichols pleaded for any protests to remain peaceful.

The officers, all of whom are Black, were charged Thursday with murder and other crimes in the killing of Nichols, a motorist who died three days after a confrontation with the officers during a traffic stop on Jan. 7.

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Shelby County District Attorney Steve Mulroy told a news conference that although the officers each played different roles in the killing, “they are all responsible.”

Nichols' family members and their lawyers said the footage shows officers savagely beating the 29-year-old FedEx worker for three minutes in an assault that the legal team likened to the infamous 1991 police beating of Los Angeles motorist Rodney King.

Memphis Police Director Cerelyn Davis described the officers' actions as “heinous, reckless and inhumane,” and said Friday that her department has been unable to substantiate the reckless driving allegation that prompted the stop.

“As far as I know today, I do believe that the stop itself was very questionable,” she told Good Morning America.

Video of the traffic stop will be released to the public sometime Friday evening, Mulroy said, noting that local and state investigators wanted to complete as many interviews as possible before releasing it. Nichols' family members viewed the footage on Monday.

Davis told GMA that she and other local officials decided it would be best to release the video later in the day Friday after schools have let out and people are home from work, given that protests are expected to erupt.

As a precaution, Memphis area schools canceled all after-class activities and postponed a school event scheduled for Saturday morning. Other early closures include the Memphis power company's community offices and the University of Memphis.

Nichols' mother, RowVaughn Wells, who said her family is “grief-stricken,” warned supporters of the “horrific” nature of the video but pleaded for peaceful protests.

“I don’t want us burning up our city, tearing up the streets, because that’s not what my son stood for,” she said Thursday. “If you guys are here for me and Tyre, then you will protest peacefully.”

Davis also urged calm after the video’s release.

“I expect our citizens to exercise their First Amendment right to protest, to demand actions and results, but we need to ensure our community is safe in this process,” she said Thursday. “None of this is a calling card for inciting violence or destruction on our community or against our citizens.”

Andre E. Johnson, pastor of Gifts of Life Ministries and a local activist, noted that past protests in Memphis have largely been peaceful. He said the anticipation of unrest is different from when white people storm the Capitol or “show up at any statehouse with weapons,” and said people in the community see the contrast.

“Memphis has been known as a nonviolent city," he said in an interview with The Associated Press on Friday. "We have tried to live the life and the legacy and teaching of the Rev. Dr. Martin Luther King. Any time any violence has ever happened in this city, more than likely it has come from the police. I pray that the police tonight will not be violent, and I pray that all goes well.”

On Thursday night, several dozen supporters joined Rodney and RowVaughn Wells for a peaceful candlelight vigil and prayer service at a Memphis skate park. Nichols, who had a 4-year-old son, was an avid skateboarder.

Activists and clergy led the group in prayer and a drummer played a steady rhythm to lead into the spoken part of the vigil. Afterward, skaters rode their boards as the Wellses watched.

Earlier Thursday, Nichols’ stepfather, Rodney Wells, told the AP by phone that he and RowVaughn Wells discussed the second-degree murder charges and are “fine with it.” They had sought first-degree murder charges.

“There’s other charges, so I’m all right with that,” he said, adding that he was “ecstatic” about how quickly the officers were fired and charged.

Court records showed that all five former officers — Tadarrius Bean, Demetrius Haley, Desmond Mills Jr., Emmitt Martin III and Justin Smith — were taken into custody.

The officers each face charges of second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression. Four of the five officers had posted bond as of Friday morning and had been released from custody, according to court and jail records.

Martin’s lawyer, William Massey, and Mills’ lawyer, Blake Ballin, said their clients would plead not guilty. Lawyers for Smith, Bean and Haley could not be reached.

“No one out there that night intended for Tyre Nichols to die,” Massey said.

Both lawyers said they had not seen the video.

“We are in the dark about many things, just like the general public is,” Ballin said.

Second-degree murder is punishable by 15 to 60 years in prison under Tennessee law.

Lt. Essica Cage-Rosario, president of the Memphis Police Association, the union representing officers, declined to comment, citing the ongoing investigation.

The attorneys for Nichols' family, Ben Crump and Antonio Romanucci, issued a statement saying that Nichols "lost his life in a particularly disgusting manner that points to the desperate need for change and reform to ensure this violence stops occurring during low-threat procedures, like in this case, a traffic stop.”

At the White House, President Joe Biden said the Nichols family and the city of Memphis deserve “a swift, full and transparent investigation.”

“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,” Biden said in a statement.

Davis said other officers are still being investigated for violating department policy. In addition, she said “a complete and independent review” will be conducted of the department’s specialized units, without providing further details.

Two fire department workers were also removed from duty over the Nichols’ arrest.

As state and federal investigations continue, Davis promised the police department’s “full and complete cooperation” to determine what contributed to Nichols’ Jan. 10 death.

Crump said the video showed that Nichols was shocked, pepper-sprayed and restrained when he was pulled over near his home. He was returning home from a suburban park where he had taken photos of the sunset.

Police have said Nichols was stopped for reckless driving and at some point fled from the scene.

Relatives have accused the police of causing Nichols to have a heart attack and kidney failure. Authorities have only said Nichols experienced a medical emergency.

One of the officers, Haley, was accused previously of using excessive force. He was named as a defendant in a 2016 federal civil rights lawsuit while employed by the Shelby County Division of Corrections.

The claims were ultimately dismissed after a judge ruled that the plaintiff had failed to file a grievance against the officers within 30 days of the incident.

Of the Memphis Police Department's 2,006 commissioned officers, 1,194, or 59.5%, are Black, Memphis Police spokesperson Karen Rudolph said.

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Associated Press reporters Aaron Morrison in New York, Travis Loller in Nashville, Tennessee, and Rebecca Reynolds in Lexington, Kentucky, contributed to this report.