Administrative hearing records point to deception, negligence in Tyre Nichols' beating
Since Tyre Nichols' beating at the hands of police officers in Memphis, Tennessee, and his death days later, eight officers have either been fired or left the police department.
The administrative hearing records of seven officers were obtained by the Paste BN Network through a public records request to the Peace Officer Standards and Training Commission, or POST, Tennessee's board for law enforcement certification and decertification. The latest of those files helps fill in missing details on what happened during and after Nichols' beating.
The records are copies of administrative hearing documents from the City of Memphis and Memphis Police Department, who sent the documents to POST to support the department's request to decertify the officers. Decertification would prevent all of the officers from working for other law enforcement agencies in the state of Tennessee.
Six of the records reference former officers Tadarrius Bean, Justin Smith, Emmitt Martin III, Preston Hemphill, Demetrius Haley and Desmond Mills Jr. All six were fired, and all but Hemphill face criminal charges. The seventh set of records references former Lt. Dewayne Smith, who resigned before he could be fired. He also does not face criminal charges.
Dewayne Smith, a 24-year department veteran who supervised the six SCORPION unit officers who were fired, was served notice of internal charges Jan. 27 and was set for a hearing March 2. He submitted a letter of resignation March 1.
"It has been an honor to serve the city that I call my home for the past 25 years," Smith wrote in the letter, which was included with internal investigation documents. "During these years, I have been blessed to some challenging assignments with some great people. Retirement from the department was not an easy decision. I came to realize that the time has come to move on."
Though he resigned, the hearing went forward, and Smith would have been fired. The documents from the administrative hearing offer a window into the night of Nichols' beating, detailing negligence and alleged deception by officers.
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Constructing a timeline from administrative records and footage
Nichols, 29, was pulled over at about 8:30 p.m. near the intersection of Ross and Raines roads in Memphis on Jan. 7 by Haley and Martin. Haley was the first to approach the car, according to his administrative hearing documents.
Haley "exited (his) unmarked vehicle, stopped in an opposing traffic lane, and (he) forced (Nichols) out of his vehicle while using loud profanity and wearing a black sweatshirt hoodie over (Haley's) head," the document said.
Neither Haley nor Martin told Nichols why he had been stopped or that he was being arrested, but Haley pulled him from the car. As Nichols was pulled from the car, Martin grabbed one of Nichols' wrists. Hemphill arrived at the scene around this time.
Haley, Martin and Hemphill each said in their reports that Nichols tried to grab Martin's gun, but the hearing officer said body camera footage debunked those claims.
As Haley and Martin wrestled Nichols to the ground, Martin was heard on body camera making "assaultive statements." Meanwhile, Hemphill appeared on body camera footage above Nichols, pointing a taser into Nichols' back as other officers pepper-sprayed him.
"Get on the (expletive) ground," Hemphill said, according to administrative hearing documents.
All three of the administrative hearing documents point out, at some point, that Nichols "was not using profanity or (showing) signs of violence" toward the officers.
Eventually, Nichols can be seen on body camera footage jumping up and running from the officers. As he runs away, Hemphill fires his taser at Nichols. It's not clear if the prongs ever hit Nichols, but he rips his jacket off as he runs.
After a brief chase, Hemphill turns back to the unmarked squad cruisers and can be heard saying, "I hope they stomp" him.
Nichols eventually was caught by three other officers at the corner of Castle Gate Lane and Bear Creek Cove. He was running toward his mother's home, which was less than 100 yards from where he was tackled by an officer.
As other officers arrived, Nichols was punched, kicked, pepper-sprayed and struck with a baton as two officers – Justin Smith and Bean – held Nichols' arms. The beating happened over the course of about three minutes, and he was eventually handcuffed and then leaned against a squad cruiser.
After Nichols was placed alongside the car, officers meandered the scene, joking with one another and bragging about hitting Nichols "with straight haymakers."
When Dewayne Smith, the supervisor of the six fired officers, arrived at Castle Gate and Bear Creek, he "observed obvious injuries to the area around (Nichols') face and mouth" but did not provide or suggest he receive medical attention. Nichols even told Smith he could not breathe before "slumping over," and Smith "failed to direct any officer to remove the cuffs in order for the first emergency medical personnel to provide initial care."
Dewayne Smith, according to his administrative hearing documents, questioned Nichols as his medical condition became worse and "only concluded his behavior was a result of intoxicants."
Before Nichols was taken to St. Francis Hospital by an ambulance, Dewayne Smith and Mills went to Nichols' parents' home.
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"(Smith) can be heard on (Mills Jr.'s) body camera telling family members that (Nichols) was in custody for DUI," the documents said. Smith "did not obtain enough information on the scene to confirm those criminal charges and there was no arrest documentation to support (Smith's) assumption. The limited details given to the family member can be perceived as an unsupported accusation, or a method of deception, and hindered public confidence."
Dewayne Smith also was accused of not taking command of the scene and not telling the officers he oversaw to preserve evidence.
"In fact, (Smith) instructed (his) officers to clear the scene before an investigative bureau was notified," the hearing documents read. "After the ambulance left, en route to the hospital, an unknown male citizen was seen on video removing (Nichols') clothing on the ground to some other area of the street after (Smith) and officers cleared. It also showed the same civilian attempting to tell one of (Smith's) officers about what was left behind."
After Nichols was taken to the hospital and the scene was cleared, multiple officers were accused of lying in their response to resistance forms and the incident report. Multiple officers would also later omit details from the Nichols beating when being interviewed by investigators from the Inspectional Services Bureau, which handles all internal investigations.
Dewayne Smith had been accused of giving "unreliable" and "troubling" testimony about the nature of a traffic stop and subsequent search of a man's car in 2016. The case would ultimately be thrown out because of inconsistencies in Smith's incident report, affidavit and testimony before a federal court, and the search was ruled a violation of the man's Fourth Amendment rights.
When asked to comment on Dewayne Smith's conduct at the scene and when speaking with Nichols' family, Memphis Police Department Public Information Officer Christopher Williams said, "All available information regarding the Tyre Nichols case has been posted on our social media platforms and on the City of Memphis website."
About 20 hours of additional video and audio, along with administrative documents, had been set to be released by the City of Memphis on March 8, but a court order, granted by Shelby County Criminal Court Judge James Jones Jr., put a pause on the release of those files. It was still unclear when the court order would be lifted, releasing those records.
Lucas Finton is a news reporter with The Commercial Appeal. He can be reached at Lucas.Finton@commercialappeal.com and followed on Twitter @LucasFinton.