The five former Memphis police officers charged for the death of Tyre Nichols are all expected to face a state criminal trial together after a judge denied three of the officers’ requests to separate their cases.
After reviewing written motions and hearing oral arguments last month, Shelby County Judge James Jones Jr. issued his ruling Monday, rejecting arguments to sever the trials.
All five defendants have pleaded not guilty to second degree murder and other felony counts in state court for their alleged role in Nichols’ beating death.
Nichols, 29, died three days after officers pursued him on foot following a traffic stop and were shown on video kicking, punching and striking Nichols with a baton.
Attorneys for three officers—Tadarrius Bean, Desmond Mills, Jr. and Justin Smith—said separate trials for their clients were necessary for a fair outcome because of the officers' differing actions and thus culpability the night Nichols was violently taken into custody.
They said that the officers arrived at the scene where Nichols was beaten from different locations and with different amounts of information regarding the situation.
But Jones sided with prosecutors who opposed multiple trials in the case.
“Although the defendant asserts the existence of disparities in the mental states and degrees of involvement of the co-defendants, the defendant does not explain how any such disparities will unfairly prejudice his defense strategy,” Judge Jones wrote in his ruling to Smith.
The five former officers also face separate federal criminal charges in a trial set to take place in May of next year.
Judge Jones has not yet set a date for the state trial.
