Decertification hearing for lieutenant in Tyre Nichols case delayed

By , Daily Memphian Updated: September 15, 2023 8:56 AM CT | Published: September 14, 2023 3:06 PM CT

The decertification process for Memphis Police Lt. Dewayne Smith, former supervisor of the disbanded SCORPION unit responsible for the Tyre Nichols traffic stop, has been delayed until legal proceedings in the case are resolved.

During a Thursday, Sept. 14, meeting in Nashville of the Peace Officer Standards and Training Commission, a motion was approved to keep Smith’s decertification on hold until all other lawsuits involving the Nichols stop have concluded.


Decertification delayed against Hemphill in Tyre Nichols’ death


The agreement comes with the stipulation that Smith stay in retired status until the decertification hearing.

Previously obtained POST files from the state certification board for police show Smith retired before an administrative hearing could be held for his role in the stop.

Smith was notified of the hearing Feb. 22 and submitted his retirement March 1, 2023, in lieu of termination.

Smith was charged with neglect of duty, making unauthorized public statements and violating policy on the use of body cameras. The file says Smith instructed officers to clear the scene before an investigative bureau was notified.

POST files previously obtained by The Daily Memphian show Smith had seen the injuries Nichols received from SCORPION officers but did not call for aid and did not ask questions about the use of force by officers.


Former SCORPION supervisor had troubled past


Upon hearing Nichols say, “I can’t breathe,” the files say Smith responded: “You done took something, mane.” Smith also informed Nichols’ parents that Nichols had been placed under arrest for driving under the influence. That happened after Nichols left the scene before an ambulance arrived.

The administrative charges say the “limited details” given to family members by Smith showed an unsupported accusation or deception and hindered public confidence.

Smith had been suspended from the department previously for a domestic disturbance and for giving “unreliable” testimony that caused a federal judge to dismiss charges in a felony drug case, according to reporting by the Institute for Public Service Reporting. Smith also received a sanction for unnecessary use of force against a citizen.

In Smith’s letter to the department announcing his retirement, he wrote: “It has been an honor to serve the city that I call home for the past 25 years. 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.”

Smith has also been named as a defendant in the federal civil rights lawsuit filed by Nichols’ family.

The same ruling to place the POST process on hold was made for former MPD officer Preston Hemphill during his decertification hearing in June.

Topics

Tyre Nichols Lt. DeWayne Smith Preston Hemphill POST
Ben Wheeler

Ben Wheeler

Ben Wheeler is an investigative reporter and is a member of The Daily Memphian’s public safety reporting team. He previously worked at the Yankton Daily Press and Dakotan and Herald-Citizen.

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