Ex-Memphis police officers found guilty in Tyre Nichols killing to have new trial

Three ex-officers acquitted in death of Tyre Nichols

Andre C. Wharton with Wharton Law Firm joins LiveNOW's Christina Evans to react to the acquittal of three former Memphis police officers related to the death of Tyre Nichols.

Three former Memphis police officers who were convicted in the fatal beating of Tyre Nichols, will get a new trial. 

U.S. District Judge Sheryl H. Lipman issued the new trial order on Friday after defense lawyers argued that the judge who presided over their clients’ case was biased in his belief that at least one of the men was in a gang. 

Who are the officers?

Dig deeper:

Tadarrius Bean, Demetrius Haley, and Justin Smith, convicted in October 2024 of witness tampering related to the cover-up, will receive a new trial.

All were convicted of witness tampering related to the cover-up of the beating, but Bean and Smith were acquitted of civil rights charges.

Haley was acquitted of violating Nichols’ civil rights causing death, but convicted of the lesser charge of violating his civil rights causing bodily injury. He was also convicted of a conspiracy to witness tamper charge of which others were acquitted.

The officers who have been granted a new trial in the federal case were acquitted of state murder charges in May. And last year federal prosecutors were unable to secure convictions on the most severe counts against Bean and Smith.

Two other officers charged, Emmitt Martin and Desmond Mills Jr., pleaded guilty before the federal trial.

FILE - Protesters march during a rally against the fatal police assault of Tyre Nichols, in Memphis, Tennessee, on Jan. 28, 2023. (Photo by SETH HERALD / AFP) (Photo by SETH HERALD/AFP via Getty Images)

New trial

In her order, Lipman cited a notice filed by the U.S. Attorney’s Office that claimed U.S. District Judge Mark S. Norris believed police investigators were in a gang.

Norris, who was the judge that presided over the Nichols trial, wanted federal charges brought against an incident that left one of his law clerks shot following a car theft.

The shooting happened days after the Nichols trial ended.

Norris wanted those held accountable and that he "evidenced reasonable frustration with the police investigation."

However, the U.S. Attorney’s Office and an FBI agent both explained why no federal charges would be brought in the clerk’s shooting.

Norris indicated he believed at least one of the former officers was in a gang and that it was responsible for the shooting, the notice claimed.

Tyre Nichols death

The backstory:

On Jan. 7, 2023, officers yanked Nichols from his car and then pepper-sprayed and hit the 29-year-old Black man with a Taser.

Nichols fled, and when the five officers caught up with him, they punched, kicked and hit him with a police baton.

Nichols called out for his mother during the beating, which took place steps from his home.

He died three days later.

Tyre Nichols video: Footage shows beating by Memphis police

The Memphis Police Department released footage that shows officers beating Tyre Nichols after a traffic stop. This footage, from a nearby static camera, gives perspective on the length of time and the nature of the officers' actions. Note, this is graphic video with no audio.

Video of the beating captured by a police pole camera also showed the officers milling about, talking and laughing as Nichols struggled with his injuries.

It prompted intense scrutiny of police in Memphis, nationwide protests and renewed calls for police reform.