This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.
The Memphis Police Department has sought approval from a state board to decertify five former officers who were fired and criminally charged for their role in the death of Tyre Nichols.
A sixth officer was fired later, and city officials say seven more are under investigation.
WREG has been digging through these records from the Peace Officer Standards & Training Commission for information about each officer and what they are accused of doing that night.
P.O.S.T. handles certification, standards and training for law enforcement across the state. Individuals can be decertified for a number of reasons including criminal conduct and policy violations.
Here is what we’ve uncovered in those records. These charges of policy violations are accusations made by MPD’s Internal Affairs.
► Watch: Tyre Nichols videos show what happened in fatal Memphis traffic stop
Emmitt Martin III
What we know
- He was the second officer to make contact with Nichols and physically forced Nichols from the vehicle by his wrists.
- He kicked Nichols three times in the upper torso while Nichols was on the ground.
- He struck Nichols with a closed fist in his face five times while Nichols’ arms were being held
Charges:
- Personal Conduct: He claimed the subject attempted to grab his duty weapon from his holster positioned on the right side. Audio from a body worn camera did not capture Nichols using profanity or displaying any violent threats.
- Truthfulness: He reported the subject grabbed his duty weapon before he and his partners placed him on the ground. Both your oral and written statement was deemed ‘deceitful.’
- Neglect of Duty: Failed to render proper medical attention.
- Duty to Intervene and Reporting Improper Conduct: Failed to stop the excessive and unnecessary use of force
- Excessive/ Unnecessary Force: Unable to provide justification for the physical force and Nichols was not armed with a weapon
- Compliance with Regulations: Didn’t activate body worn camera although it was functioning properly. He didn’t record the incident in its entirety At one point, he took it off and placed it on a car.
Hearing
- Union president was present and read a statement
- Before the hearing, he was made aware the charges he was accused of four days before his hearing.
- He did not want to make a statement and did not give TBI a verbal or written statement.
Desmond Mills Jr.
What we know
- He spoke to Nichols’ mother with a supervisor.
- Deployed his baton
- Deployed his pepper spray
Charges:
- Personal Conduct: Changed location to speak with the victim’s mother. He and the supervisor did not obtain her contact information and refused to provide an accurate account of her son’s encounter with police or his conditions.
- Neglect of Duty: Didn’t give proper medical attention
- Excessive/ Unnecessary Force: Deployed his baton three times and deployed his OC spray twice
- Compliance with Regulations: Body worn camera was activated during initial interaction when he apprehended Nichols, but he later removed his duty vest with his camera attached and placed it on the truck of an unmarked vehicle.
Hearing:
- Union president was there and gave a statement.
- Made aware of his pending charges four days before hearing
- He did not provide a statement and did not provide written or verbal statement to the TBI
Justin Smith
What we know
- He held Nichols by one of his arms while his partners pepper sprayed him, then excessively struck him with baton.
- Struck Nichols with closed fist three times in the face and sprayed Nichols with chemical irritant spray
- He has an EMT certification
Charges:
- Personal conduct: Left Nichols on the ground
- Neglect of Duty: He failed to recognize Nichols’ signs of distress and failed to disclose viable information to the responding emergency personnel
- Duty to intervene and reporting improper conduct: He failed to take reasonable action to stop the excessive and unnecessary force
- Excessive/Unnecessary Force: He sprayed Nichols with chemical irritant spray, struck him and held his arm down
- Compliance with regulations: Body worn camera not activated during initial interaction when he apprehend Nichols. It was functioning properly, but didn’t record the event in its entirety.
Hearing:
- Union president gave same statement
- He did not give TBI a verbal or written statement
- Gave a written statement per his attorney’s advice
Written Statement:
- He stated he assisted another officer in making “an arrest of a non-compliant suspect,” and his “first interaction” with Nichols was that he was fighting with the other officer and “failing to comply in our attempts to take the suspect into custody.”
- He wrote he was supposed to be on desk duty due to an on-the-job knee injury, but that day his supervisors told him to be on patrol.
- He claims he made a radio call and indicated that medical should be sent out to the area where Nichols was last seen to possibly render medical aid.
- He claimed he just “assisted” an officer to take the suspect into custody, and Nichols was “violent and would not comply.”
- He used “the training and defensive tactics” provided to him.
- He said he didn’t do anything other than spray Nichols and only after another officer used spray. He doesn’t even know if it was “effective.” Said he had OC spray in his eyes and his knee was in “excruciating pain.” Once Nichols was in custody, he said he left the vicinity and was the one who said lets sit Nichols upright so he can breathe better.
Demetrius Haley
What we know
- He was the first officer to make contact with Nichols. He stopped his unmarked car in an opposing traffic lane and forced Nichols out his vehicle using loud profanity.
- He wore a black sweatshirt with the hood over his head when he approached Nichols. He was on an active cell phone call, and a person overheard the encounter.
- Never told Nichols of the purpose of the stop.
- He kicked Nichols on the ground in his upper torso area
- Sprayed Nichols closely in his eyes with chemical irritant spray.
Charges:
- Personal Conduct: He approached Nichols in a black hoodie with hood over his head while on a cell phone call. He used profanity and had a lack of concern for the injured subject.
- Truthfulness: His response to resistance form was supposed to be a “truthful account.” Wrote that he heard his partner yell, “Let my gun go!” but video evidence does not support his oral or written statement.
- Neglect of Duty: He didn’t recognize Nichols’ signs of distress and failed to disclose viable information to the responding emergency personnel.
- Excessive/Unnecessary Force: He forced Nichols out of car and deployed chemical irritant spray in Nichols’ eyes. As his partners were detaining him in handcuffs, he ran up and kicked him in the upper torso area to “loosen the subject’s arm.”
- Compliance with Regulations: He didn’t activate his body worn camera during his first encounter. His BWC was functioning properly and didn’t turn it on during entire event.
- Information Concerning Police Business: Took two photos while Nichols was handcuffed on the car. He shared the photo in a text message with five people (one civilian, two MPD officers and one female acquaintance). Later found out a sixth person also got the photo.
Hearing:
- Knew about his pending charges four days before hearing
- Union president was there and read the same statement
- Haley didn’t give a statement, and didn’t give a verbal or written statement to the TBI
Tadarrius Bean
What we know
- He held one of Nichols’ arms while officers pepper sprayed him
- In Garrity Statement, he admitted he struck Nichols with closed fist two to three times in his face.
Charges:
- Personal Conduct: His conduct was unjustly, blatantly unprofessional and unbecoming for a worn public servant.
- Neglect of Duty: he failed to recognize Nichols’ signs of distress and failed to disclose viable info to the responding emergency personnel.
- Duty to Intervene and Reporting Improper Conduct: He held Nichols’ arms and witnessed officers punch and kick Nichols, but failed to take reasonable action to stop it.
- Excessive Force/Unnecessary Force: He struck Nichols with a closed fist and held Nichols’ right arm as he was beaten and pepper sprayed.
- Compliance with Regulations: Body worn camera was activated during the initial interaction to apprehend Nichols, but removed his camera and vest and placed it on the trunk of a squad car.
Hearing:
- Knew about his statement of charges four days before hearing.
- Union president was there and made the same statement
- Didn’t give a statement during the hearing, and didn’t give a verbal or written statement to the TBI.
