Former officer accused in Tyre Nichols’ death wants trial outside of Memphis
Former Memphis police officer Tadarrius Bean (right) and his lawyer John Keith Perry enter the Odell Horton Federal Building Nov. 14, 2023. (Mark Weber/The Daily Memphian file)
One of the five former Memphis Police Department officers charged in the death of Tyre Nichols is requesting his trial on federal criminal charges be held outside of Memphis.
John Keith Perry, who represents former officer Tadarrius Bean, filed a request in Memphis federal court Friday to have his client tried outside of Memphis.
The federal trial is set for May 6.
Neither Perry nor attorneys for the other officers have yet filed requests to have separate federal trials, so it’s unclear if Perry’s motion would apply to all of them if granted.
Perry declined to comment on whether the change-of-venue request would apply to the other former officers if granted.
Attorneys for the other officers were not immediately available for comment.
Bean, Demetrius Haley, Justin Smith and Emmitt Martin III have been charged with four criminal counts in the federal case.
The first two counts allege the officers used excessive force when they beat Nichols and failed to give him proper medical attention. The latter two counts allege that they conspired to and gave false accounts of their interactions with Nichols to their supervisors.
Desmond Mills Jr., the fifth officer charged in the case, pleaded guilty Nov. 2 to the federal charges against him. As part of that deal, he also agreed to plead guilty to his state criminal charges.
The news of Bean’s request for a venue change comes just days before the one-year anniversary of Nichols’ death.
Nichols died Jan. 10, 2023, three days after being beaten by the officers during a traffic stop near his mother’s home.
Perry wrote in his request and separate memorandum of support that the move he was asking for was due to the case’s amount of media coverage and comments from City of Memphis officials, including MPD Chief Cerelyn “C.J.” Davis and former Mayor Jim Strickland.
Perry mentioned a one-on-one interview Davis did with ABC24 News (WATN-TV) Jan. 27, 2023, before the release of video footage of Nichols’ beating, where she shared her thoughts on it.
“No doubt about it. This video is going to cause anger, emotions to rise, and you know, even to a point where the terms that I’ve used is appalling, inhumane,” Davis said in the interview.
Perry acknowledged prosecutors would likely oppose a venue change given coverage of the case has been so widespread, thus moving the trial likely would not impact the outcome.
But he countered that coverage “intensifies” within the Memphis viewing area whenever the officers have court appearances.
He also said Nichols has become a “household name” locally.
“Whether it was someone who knew him from skateboarding, someone who saw the video, someone who watched the chief of police and mayor make emotional and subjective statements, someone who only watches national or local media outlets, or someone who simply scrolls on social media, this case has reached the ears and eyes of Shelby County residents and tainted their perception of the defendants,” he said.
Perry wrote that if a change of venue is not granted, he will request an expansion of the jury selection pool to include jurors from other West Tennessee counties.
Topics
Tyre Nichols Memphis Police Department criminal justiceAarron Fleming
Aarron Fleming covers public safety for The Daily Memphian, focusing on crime and the local court system. He earned his bachelor’s in journalism and strategic media from the University of Memphis.
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