Officers pummeled Tyre Nichols because he fled, a form of 'run tax,' prosecutor says

MEMPHIS, Tenn. (AP) — 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.

The former officers are standing trial accused of federal civil rights violations. Assistant U.S. Attorney Elizabeth Rogers said during opening statements 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.

“You won’t see Tyre Nichols pose a threat to these officers at any time,” Rogers said.

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 already pleaded guilty to the federal charges. Rogers said Martin and Mills will testify.

Attorneys for the three begin crafting their defense Wednesday.

Bean's lawyer, John Keith Perry, said during opening statements that Nichols drove 2 miles (3 kilometers) 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.

Rogers said the officers were angry Nichols fled and that the pepper spray they used during the traffic stop had affected them too. They talked about hitting Nichols with “so many pieces” and “straight haymakers,” which is slang for punches, Rogers said.

The officers said Nichols was pulled over for reckless driving, but Memphis’ police chief has said there is no evidence to substantiate that claim. Rogers said Martin saw Nichols' car speed up to beat a red light and officers tried to stop him.

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.

Stengel said Haley, who was washing pepper spray from his eyes, arrived on the scene of the beating after the other officers had already hit Nichols several times.

Haley kicked Nichols once in the upper arm then called for an ambulance, Stengel said. Haley also took a photo of the injured Nichols and sent it to a few people, which Stengel said was “wrong” but “not a federal crime.”

Martin Zummach, Smith’s lawyer, told jurors Smith called for the fire department, asked Nichols if he was all right and noted he appeared to be struggling for oxygen. Zummach said the night “was full of choices.”

Nichols “chose to speed, to run, to argue, to push back, to pull back, to hide,” Zummach said.

Zummach said Smith will testify in his own defense.

All five officers belonged to the now disbanded Scorpion Unit crime suppression team and were fired for violating Memphis Police Department policies.

They were also charged with second-degree murder in state court, where they pleaded not guilty, although Mills and Martin are expected to change their pleas. A trial date in state court has not been set.

Rachael Love, a nurse practitioner, testified Wednesday that Nichols had no pulse for 25 minutes until it was restored at the hospital. A prolonged lack of a pulse means a patient could be suffering from a lack of oxygen to organs, including the brain.

Nichols mother saw her injured son in a hospital ICU bed, "took a few steps, screamed and collapsed,” Love said.

Nichols worked for FedEx, enjoyed skateboarding and photography, and was the father of a boy who is now 7 years old.

His family, their legal team and supporters prayed outside the courthouse during a break Wednesday afternoon.

“Our hope is that they’re found guilty and to show the world that my son was a good person and he wasn’t the criminal that they’re trying to make him out to be,” RowVaughn Wells, Nichols’ mother, told reporters.

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Associated Press reporter Jonathan Mattise contributed from Nashville, Tennessee.