Three former Memphis police officers charged in the January 2023 beating death of Tyre Nichols stood by his body and laughed after they punched, kicked and struck him with a baton in an attack that a prosecutor says was punishment because he tried to run away, Courthouse News reports. The former officers are standing trial accused of federal civil rights violations. Assistant U.S. Attorney Elizabeth Rogers said in an opening statement Wednesday that the officers were punishing Nichols for fleeing a traffic stop. She used the term “run tax” — police slang for disciplining a subject who tries to escape. Rogers said the force they used did not match Nichols’ actions. She warned jurors they would see videos of the beating, including some that were publicly released weeks after Nichols died. She also said officers just stood around during the “crucial” minutes when Nichols' heart stopped, when they could have helped him. Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to charges that they deprived the 29-year-old of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. Two others, Emmitt Martin III and Desmond Mills Jr., have pleaded guilty to the federal charges.
Bean's lawyer, John Keith Perry, said during opening statements that Nichols drove 2 miles after the officers put their blue lights on to stop him, did not comply with orders to give them his hands, and was “fighting like hell.” Perry said sky cop camera video would show Nichols acting suspiciously and evidence would show the officers are not guilty. “The narrative you hear here will take you five minutes to deliberate on,” Perry said. Nichols, who was Black, died Jan. 10, 2023, three days after the beating. Police video shows the five officers charged, who also are Black, beating Nichols as he yells for his mother about a block from her home. Video also shows the officers milling about and talking as Nichols struggles with his injuries. “They stood by his dying body and laughed,” Rogers said. An autopsy report shows Nichols died from blows to the head and that the manner of death was homicide. The report describes brain injuries, and cuts and bruises on his head and other areas. Haley's lawyer, Michael Stengel, said during his opening statements that the traffic stop became “high risk” because Nichols didn't quickly pull over, then stopped in a turning lane. When Haley pulled Nichols from the car, Haley told Nichols to “let go” of his gun, Stengel said.
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