Five former Memphis Police Department officers have been indicted in federal court for their involvement in the death of Tyre Nichols.

An indictment listing filed Tuesday, Sept. 12, shows there are pending charges for two counts of depriving civil rights and two counts of tampering with witness, victim or an informant for Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith. 

Prosecutors ask court to keep former cops accused of killing Tyre Nichols together for trial

The indictment lists the two counts of deprivation of rights for excessive force and failure to intervene, as well as deliberate indifference. 

According to count three on the indictment, the five defendants violated federal law “by knowingly engaging in misleading conduct towards, corruptly persuading, and attempting to corruptly persuade, their supervisor ... and other persons, with the intent to hinder, delay and prevent the communication to a law enforcement officer and judge of the United States of truthful information relating to the commission and possible commission of a Federal offense.”

The defendants conspired to intentionally “withhold and omit material information and knowingly make false and misleading statements” to cover up the use of force taken out on Nichols, according to the indictment.

The five officers each struck Nichols but did not tell the dispatcher, supervisor and medical personnel. They also participated in conversations with each other about striking Nichols, including with “straight haymakers,” the indictment reads.

The indictment also says the officers’ body-worn cameras were used in a way to limit the capture of evidence at the scene. Martin moved his camera to a location that would not capture Nichols' beating, and Haley and Mills also removed their cameras when they discussed the use of force enacted on Nichols.

The defendants provided false information at a police station about what happened at the scene, including that Nichols actively resisted by pulling on gun belts and grabbing Smith’s vest, the indictment says. It specifies that Mills and Smith falsely told a detective Nichols “was so strong that he lifted two officers into the air.”

How much of Tyre Nichols’ death is on C.J. Davis? A federal judge will decide.

The indictment also says that the defendants omitted material information, including that they kicked and punched Nichols. They had told a detective that they were able to get Nichols into custody using verbal commands. They also submitted false information in their Response to Resistance Reports.

According to count four, the five defendants misled their supervisor and a detective regarding their conduct with “intent to hinder, delay, and prevent the communication to a law enforcement officer and judge of the United States of truthful information” related to a federal offense. The detective and supervisor were tasked with writing reports for the arrest of Nichols.

The former officers omitted that Nichols had been struck in the head, and they falsely reported that Nichols had grabbed Smith by the vest and lifted him and Mills in the air, according to the indictment.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and United States Attorney Kevin G. Ritz for the Western District of Tennessee will hold a press conference Tuesday afternoon to make a civil rights announcement. They did not specify the subject of the announcement. 

Third officer accused in Tyre Nichols’ death wants separate trial

The indictment comes as the five former officers are working their way through a federal civil suit and state criminal case for their involvement in Nichols’ death.

State charges were filed Jan. 26 against the five officers.

The five officers have all been charged with second-degree murder, acting in concert of aggravated assault, two aggravated kidnapping charges, two official misconduct charges and official oppression.

The five officers were a part of the now disbanded SCORPION unit that conducted a traffic stop of Nichols for what they said at the time was reckless driving. Nichols was beaten by the officers Jan. 7 before ultimately succumbing to the injuries at a local hospital on Jan. 10.

The SCORPION unit was an initiative that attempted to make data-driven decisions to identify crime hotspots and suppress them with saturation patrols.

City: Nichols family hasn’t shown SCORPION was ‘unconstitutional’

Launched in 2021 by MPD Chief Cerelyn “C.J.” Davis as part of Memphis Mayor Jim Strickland’s efforts to reduce crime, the Street Crimes Operation to Restore Peace In Our Neighborhoods, or SCORPION, unit identified upticks in motor vehicle thefts and violent crime and then targeted those areas with patrolling SCORPION officers.

The Shelby County District Attorney’s Office is dismissing at least 30 cases where five officers were involved.

Charges also were reduced in about 12 cases, the DA’s office said in an Aug. 17 office update.

The dismissals and charge reductions came after the DA’s office reviewed about 100 cases from the five officers.

Clarke and Ritz unveiled plans for a pattern or practice investigation into MPD on July 28.

DA’s office dismisses, reduces some cases worked by officers accused in Tyre Nichols’ death

“The information we have reviewed also shows that officers may use force against people who are already restrained or in custody,” Clarke said during the July announcement.

“Our review indicates even in a majority Black city, MPD’s traffic enforcement may focus disproportionately on Black community.” 

Clarke said that the investigation is not tied to one specific incident or unit of MPD.

But she said that the investigation will look at three specific areas:

1. Unlawful stops, searches and arrests by MPD officers
2. Excessive use of force by officers
3. Racially discriminatory practices by the department

Clarke said the investigation was prompted by publicly available information and information that was provided to her team.

The defendants are scheduled to report in Shelby County Criminal Court and in federal court for their civil lawsuit Friday, Sept. 15.