Shelby County prosecutors say that the five former Memphis Police officers charged in the beating death of Tyre Nichols should all be tried together.
The District Attorney Office’s stance was laid out last week in its official response to motions from three of the officers’ defense attorneys asking a judge for individual trials.
The five officers all face the same charges of second degree murder, as well as other felonies. They have all pleaded not guilty.
The defense teams requesting severance have emphasized distinctions between the officers’ actions and locations leading up to Nichols’ violent arrest on Jan. 7. They argue trying everyone together could confuse a jury.
Video footage from that night of Nichols' arrest show officers kicking, punching and at least one of them striking Nichols with a baton. He died three days later.
The Shelby County District Attorney’s Office says the case does not meet criteria for separate trials. Prosecutors allege the former officers participated in the “brutal beating, unlawful restraint and murder” at “the same time, and with each other.”
“Between and among the defendants, there may be differences in the number and nature of strikes and abuse inflicted upon the victim…but all the defendants, as stated, participated in the beating as a team,” the DA’s response reads.
Prosecutors also contend that neither the indictment nor the evidence against the five former officers is too complex for a single trial. They intend to present the same videos and witnesses for each defendant at trial.
Judge James Jones Jr. is set to hear arguments from both sides on Sept. 15.
