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Former Officer Who Participated in Initial Traffic Stop of Tyre Nichols Will Not Face Criminal Charges

Tyre Nichols death spawned calls for police reform and accountability in Memphis.
Katie Riordan
Tyre Nichols death spawned calls for police reform and accountability in Memphis.

Shelby County prosecutors say the actions of a former Memphis Police Department officer who responded to the initial traffic stop of Tyre Nichols do not merit criminal charges.

In announcing on Tuesday that Preston Hemphill, who was fired in February, would not be criminally charged, District Attorney Steve Mulroy also said he is not currently considering criminal cases against other police department personnel who arrived on the scene after some officers were shown beating him.

Five officers were captured on video brutally punching, kicking and striking Nichols with a baton before taking him into custody and have been charged with second degree murder and fired. Nichols died in the hospital three days later.

Hemphill’s interactions with Nichols were isolated to the initial traffic stop, Mulroy said. Hemphill drove up after two other officers had already pulled the 29-year-old over for alleged reckless driving. After Nichols was forcibly pulled from his car, he eventually escaped the officers’ grip and fled. Hemphill fired a taser at him.

Mulroy said he did not condone Hemphill’s conduct towards Nichols—pointing out that MPD had terminated him for policy violations—but said that it did not amount to criminal behavior.

“[Hemphill] had to make his decisions based on what he knew, or what he thought was happening and following the lead and in support of the other officers,” Mulroy said. “He did not pursue Mr. Nichols, was not present at the second incident where the actual beating took place that led to Mr. Nichols death.”

Mulroy said Hemphill has fully cooperated with investigators and added that he expects Hemphill to testify at the trial of his fellow former officers.

Nichols’ family and their attorneys released a statement through the District Attorney’s Office that offered support for Mulroy’s decision.

“We understand that this individual has been fully cooperating with the investigation and has promised to provide substantial cooperation going forward,” the statement reads. “It is our deepest hope and expectation that justice will be served fully and that all who had a role to play in this senseless tragedy will be held accountable."

Hemphill’s attorney, Lee Gerald, said in a statement that his client intends to continue cooperating with federal and state law enforcement.

He said the move not to charge Hemphill was welcome but not a surprise as Gerald had "produced evidence that Officer Hemphill's actions did not violate Tennessee or federal law."

"Additional evidence we presented to prosecutors demonstrates that Officer Hemphill attempted to de-escalate the situation more than once at the initial traffic stop,” Gerald said in a statement.

Mulroy said his office is still investigating Memphis Fire Department paramedics who were terminated and accused of not conducting an appropriate patient assessment of Nichols.

The next court date for the five former officers facing second degree murder charges is slated for June. Prosecutors do not anticipate their trials beginning until at least next year.

Katie is a part-time WKNO contributor. She's always eager to hear your story ideas. You can email her at kriordan@wkno.org