Ex-Cops In Tyre Nichols Case Get New Trial

A federal judge has ordered a new trial for three former Memphis, Tennessee, police officers who were convicted of federal charges in connection with the fatal beating of Tyre Nichols.

According to NPR, on Thursday, U.S. District Judge Sheryl H. Lipman issued a new trial for ex-officers Tadarrius Bean, Demetrius Haley and Justin Smith, who were convicted in October 2024 of witness tampering and acquitted of the more serious charges they faced, including second-degree murder. Bean and Smith were also acquitted of violating Nichols’ civil rights, while Haley was found guilty of that charge. Defense attorneys for the three men argued that their clients were only convicted of anything at all because the presiding judge at their trial, U.S. District Judge Mark S. Norris, was biased in his belief that at least one of the men was in a gang. Back in June, Judge Norris recused himself from the case, days before the officers were scheduled to be sentenced.

From NPR:

In her order, Lipman cited a notice filed by the U.S. Attorney’s Office saying Norris expressed a theory that at least one of the officers was in a gang.

The notice discussed an incident in which Norris’ law clerk was shot during a car theft days after the trial ended. The clerk was staying at the home of another law clerk who had previously worked for Norris on the Nichols case, it said.

The notice also said police investigators believed some juveniles committed the shooting; that Norris wanted those responsible held accountable; and that he “evidenced reasonable frustration with the police investigation.”

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

Norris indicated that he believed at least one of the former officers was in a gang and that it was responsible for the shooting, the notice said. It also said the U.S. Attorney stated that Norris told those present that the clerk “had been seen by one or more of the Defendants during the trial.”

An assistant U.S. attorney who attended the May 30 meeting also said she remembered that Norris told her he could not meet with police to give a statement because the department was “infiltrated to the top with gang members,” the notice said.

So, just to recap: Five former Memphis police officers were involved in an incident in which Nichols was beaten to death. (Two other former officers, Desmond Mills Jr. and Emmitt Martin, pleaded guilty to federal and state charges, avoiding their state trial.) The three officers were found not guilty of murdering Nichols and violating his civil rights, despite the horrific video of his arrest, which many believe should have made this a cut-and-dry case. Now, the few measly charges prosecutors managed to convict the three officers on might get overturned — all because the judge suspected at least one of the violent cops was also in a violent gang.

A date for the new trial hasn’t been scheduled yet, but Lipman has ordered defense lawyers to submit their positions on which charges they believe need to be retried.

Finding any semblance of justice for Tyre Nichols has been a slow uphill battle with little reward. Now, the little progress that has been made might be reversed.

This is no way to inspire Black people to have any confidence in the state of policing in America.

We’re tired!

SEE ALSO:

What’s Next For The Ex-Memphis Cops Who Fatally Beat Tyre Nichols After State Acquittal?

Federal Judge In Tyre Nichols Case Recuses Himself Days Before Sentencing Of Officers Involved