A Memphis judge postpones state trial in Tire Nichols’ death until after the federal trial

Nichols died in hospital in January 2023, three days after being brutally beaten by five Memphis officers now charged with second-degree murder

MEMPHIS, Tenn. (AP) — A judge on Friday indefinitely postponed the state court trial of 4 former Memphis officers charged with second-degree murder in the fatal beating of Tire Nichols pending the conclusion of a federal court trial on civil rights charges.

Criminal Court Judge James Jones Jr. made the ruling after defense attorneys filed a motion asking him to remove the state trial from the calendar to avoid “parallel proceedings” that would impede officers’ right to defend themselves in each cases.

The decision got here after the trial of the officers accused of beating Nichols in reference to Nichols’ death was postponed from May 6 to September 9 to offer defense lawyers more time to effectively prepare their case. They say those preparations include reviewing 800 gigabytes of video, documents and other evidence presented to them by federal prosecutors.

Nichols died in hospital on January 10, 2023, three days after he was kicked, punched and hit with a police baton following a traffic stop. Police video shows five officers beating Nichols as he screamed at his mother just steps from his home. The footage also shows officers milling around and talking to one another while Nichols sits on the ground scuffling with his injuries.

The autopsy report concluded that Nichols died from blows to the head and the death was a homicide. The report described brain injuries, cuts and bruises to the head and other parts of the body.

Memphis’ police chief said the department couldn’t justify any reason for the traffic stop.

Nichols was black. Five of the officers are also black. They were fired for violating Memphis Police Department policy. Nichols’ death sparked outrage and calls for reform in Memphis and across the country.

Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills Jr. and Justin Smith were charged in state court with second-degree murder and other crimes. They were also charged with federal civil rights violations related to the use of excessive force and obstruction of justice.

Mills pleaded guilty Nov. 2 to federal charges of excessive force and obstruction of justice and agreed to cooperate with prosecutors, who advisable a 15-year prison sentence. His lawyer said he can even plead guilty in state court.

The remaining officers have pleaded not guilty to the charges against them in state and federal courts.

Michael Stengel, Haley’s attorney, noted during Friday’s hearing that the officers could face more severe punishment if convicted in federal court in comparison with state court. The officers face life in prison on the federal charges, and 15 to 25 years in prison for second-degree murder.

“Litigation economy and the ends of justice are best served by conducting a federal trial first,” the defense motion said.

Prosecutor Paul Hagerman said he agreed to postpone the state trial without setting a future date, provided all parties comply with quickly return to state court and set a brand new trial date if the federal trial doesn’t proceed.

Hagerman also said he spoke with Nichols’ family and so they agreed to a postponement of the state trial.

“They want justice for their son and they will see to it however long it takes,” Hagerman said. “They don’t see today as some sort of loss.”

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Memphis judge postpones state trial in Tire Nichols death until federal trial ends appeared first on TheGrio.