Five former Memphis officers federally indicted in Tyre Nichols case

Watch the full DOJ press conference in the player above.

MEMPHIS, Tenn. (WREG) — An indictment was filed in federal court Tuesday charging five former Memphis police officers with depriving Tyre Nichols of his rights during a January 7 arrest that led to his death.

The indictment lists four separate counts including excessive force and failure to intervene, deliberate indifference, conspiracy to witness tamper, and witness tampering for former officers, and Emmitt Martin, Tadarrius Bean, Demetrius Haley, Desmond Mills Jr., and Justin Smith.

It also lists overt acts committed by the officers during the incident. One of the acts includes Haley and Mills taking off their body-worn cameras and setting them aside before gathering with the other officers to discuss the force used on Nichols and making statements such as “I thought when he wasn’t going to fall, we about to kill this man,” while emergency medical personnel were at the scene.

“The country watched in horror as Tyre Nichols was kicked, punched, tased, and pepper sprayed, and we all heard Mr. Nichols cry out for his mother and say ‘I’m just trying to go home,’” said Attorney General Merrick B. Garland. “Officers who violate the civil rights of those they are sworn to protect undermine public safety, which depends on the community’s trust in law enforcement. They dishonor their fellow officers who do their work with integrity every day. The Justice Department will continue to hold accountable officers who betray their oath.”

The excessive force and failure to intervene counts carry a maximum penalty of life in prison while the conspiracy to witness tamper and witness tampering counts each carry a maximum penalty of 20 years in prison.

All five men, who were part of now disbanded MPD’s SCORPION Unit, also face criminal court charges in Shelby County for second-degree murder, aggravated assault, two counts of aggravated kidnapping, two counts of official misconduct, and official oppression. 

“It is tragic to see a life cut short at 29, with so many milestones unmet, so many words unsaid, so much potential unfulfilled,” said Assistant Attorney General Kristen Clarke of the U.S. Department of Justice’s Civil Rights Division during a press conference in Memphis on Tuesday. “Tyre Nichols should be alive today. No one in this country should have to bury a loved one because of police violence.”

Following the announcement of federal charges, attorneys Ben Crump and Antonio Romanucci, who are representing Nichols’ family, praised Clark and Ritz for their efforts, saying:

“The news today from the United States Justice Department that there will be criminal accountability on the federal level for Tyre’s death gives his family hope as they continue to grieve his loss and inspire change in his honor. We applaud AG Garland and Assistant AG Clarke for their tireless efforts to create federal accountability for these officers who were selected to be part of the Memphis Police Department’s SCORPION unit and savagely ended Tyre’s life, setting a critical precedent for accountability and justice.”

Crump and Nichols’ family will also host a press conference on Tuesday at 5 p.m. CT./ 6 p.m. ET.

In July, Department of Justice launched an investigation into the Memphis Police Department and the City of Memphis to determine whether there is a pattern of constitutional or civil rights violations against citizens.

As part of their investigation, the department’s civil rights division has been holding public meetings and encouraging citizens to share their experiences with MPD officers.

The DOJ says the charges are separate from the civil rights investigation and will be conducted separately and independently from the criminal case.

This story will be updated.