Prosecutors rested their case Wednesday in the state trial of three former Memphis police officers charged in the beating death of Tyre Nichols.
Calling five witnesses over roughly two and a half days, the prosecution attempted to prove that Tadarrius Bean, Demetrius Haley and Justin Smith are guilty of second degree murder, as well as other crimes including aggravated assault and official misconduct.
Jurors, who have been brought from the Chattanooga area, were repeatedly shown body-worn camera and other video footage from the January 2023 incident that showed Nichols initially fleeing a traffic stop on foot and later five officers either restraining, punching, kicking or striking Nichols as they attempt to handcuff him. He died three days later.
One of those former officers, Desmond Mills served as the prosecution’s primary witness. It was the second time Mills testified against his former colleagues as part of a plea deal with prosecutors.
He initially took the stand last fall for a separate federal trial in which officers were charged with civil rights violations and covering up their conduct.
Under questioning from Shelby County Deputy District Attorney Paul Hagerman, on Tuesday, Mills told jurors he pepper-sprayed Nichols and struck him three times on the arm with a police baton. Mills used the baton, he said, after lost his composure and grew angry because he inadvertently pepper-sprayed himself.
Mills testified that neither he nor anyone else on scene intervened to stop another fellow officer who pleaded guilty in federal court, Emmitt Martin, from punching Nichols.
“After I peaked and looked, I was wondering, I said, ‘why is he punching him?’” Mills said. “Then I didn’t want to look no more because it didn’t look good.”
Echoing his federal testimony, Mills said he regretted his actions.
Defense attorneys have disputed whether the intense use of pepper spray, the chaotic pursuit of Nichols or the later arrival of one officer to the scene made intervention possible.
The defense highlighted that Mills was testifying as part of an arrangement with prosecutors that is expected to result in a more lenient sentence for him. They also emphasized in their questions that Nichols evaded arrest by running from officers and presented unknown risks because he had not been searched.
Under questioning from Martin Zummach, who represents Smith, Mills said Smith had a reputation for being a “tough” but “compassionate” officer.
Other prosecution witnesses included Nichols’ mother, RowVaughn Wells and a Shelby County medical examiner who conducted Nichols’ autopsy. He attributed Nichols’ death to blunt force trauma to the head and likened his brain injuries to those sometimes sustained in a car accident.
The defense began calling witnesses Wednesday, including the Tennessee Bureau of Investigation agent who was in charge of the incident’s investigation.
Special agent Charles Baker confirmed that small amounts of the psychedelic drug psilocybin and marijuana were found in Nichols' car, along with credit cards not in his name. The defense alleges they were potentially stolen and called a woman to the stand who said she had reported one of her cards as such.
The autopsy’s toxicology reports showed Nichols had alcohol and a compound found in marijuana in his system but did not test positive for psilocybin.
Hagerman asked Baker if any of the officers knew about the contents of the car prior to arresting Nichols. Baker said no.
Preston Hemphill, a former MPD officer who was involved in Nichols’ initial traffic stop but not his arrest, was subpoenaed to testify. Attorneys will continue questioning him Thursday.
