MEMPHIS, Tenn. (AP) — The city of Memphis on Wednesday released hundreds of pages of documents tied to the January 2023 fatal beating of Tyre Nichols by five police officers, including an account from a witness who saw Nichols slumped on the pavement and thought he was already dead.
The latest documents include personnel files for Memphis police and fire department employees who were fired after the beating. They also include internal police investigation files, a witness statement and emails between city and police officials about the beating.
Nichols, a 29-year-old Black man, died in a hospital on Jan. 10, 2023, three days after the beating. All five of the officers who were charged in his killing are also Black.
Police spoke with a witness who lived in the neighborhood where the beating took place and shot video and photos of the scene. The witness said she saw Nichols lying on the ground, according to a transcript of the conversation.
“Dude wasn’t budging … I was like, ’Oh my god, I think he’s dead,'” the witness said.
The witness said an officer then removed Nichols' handcuffs and an emergency medical technician approached. At that point, it was clear something was wrong.
“The EMT guy lifts his hand, it falls,” the witness said. “It like fell real hard."
The witness added: “It just bothered me that everybody was standing out in the street. Had no care in the world that this guy was laying here.” Previously released video shows officers and other first responders milling about and talking among themselves as Nichols lay slumped on the ground.
The documents also disclose the names of five other officers who violated department policies but were not fired.
Meanwhile, personnel files for Lt. Dewayne Smith, the supervisor on scene who was allowed to retire before he could be fired, show he had been arrested in 1999 in a domestic violence incident involving his wife and stepchildren. Documents show Smith’s wife called 911 saying he was intoxicated, armed with his service weapon and threatening her children. Investigators said they couldn’t determine if Smith had actually pulled his weapon. He was encouraged to seek counseling and placed on a 15-day suspension.
Nearly a year later, an unnecessary violence complaint was made against Smith after witnesses said he struck a man who ran from officers.
Dewayne Smith’s lawyer in the federal lawsuit did not immediately return a call seeking comment.
An initial incident report for Nichols’ arrest, included among the latest documents, reasserts many of the now-disproven claims of the officers who were fired and charged.
It claims that after stopping Nichols for driving in the wrong lane into oncoming traffic, he became combative, was sweating profusely and grabbed for an officer’s gun, prompting another officer to attempt to shock Nichols with his Taser. Videos released in the days after Nichols' death and statements from Memphis Police officials have debunked much of that narrative.
The report also states that once the officers caught up to Nichols on foot, he grabbed for their vests and service belts, and that officers responded by spraying him with a chemical agent, striking his right arm with a baton, and arresting him. Videos show a starkly different encounter — an almost 3-minute barrage of fists, feet and baton strikes to Nichols’ face, head, front and back, as he yells for his mother about a block from his home.
A state judge ordered the release of the documents in November on the same day that former officer Desmond Mills Jr. pleaded guilty to federal charges in Nichols' death.
A coalition of media organizations, including The Associated Press, pressed for more information to be made public, citing the First Amendment. That led to the release of a further 21 hours of video and audio on Jan. 30 this year. The video and audio added hours of context and revealed more about the first responders' actions and statements that night.
The city had already released some documents last year detailing the personnel records of the officers involved in Nichols’ death. The city said Wednesday that with the latest release they have made public all documents related to the court order.
“We understand the importance of releasing these documents to the public. This release represents our commitment to transparency,” Mayor Paul Young said in a statement.
Mills also intends to plead guilty to criminal charges in state court and could be called to testify against his four former colleagues — Tadarrius Bean, Demetrius Haley, Emmitt Martin and Justin Smith — who remain charged with federal civil rights violations and second-degree murder and other criminal counts in state court. They have pleaded not guilty.
Their federal trial is set for Sept. 9. The state court court trial has been scheduled for Aug. 12, but that date could change.
Two other Memphis officers were fired for their involvement. Two emergency medical technicians and a fire lieutenant were also fired for failing to provide adequate aid.
The U.S. Department of Justice opened a “patterns and practices” investigation into how Memphis Police Department officers use force and conduct arrests, and whether the department in the majority-Black city engages in racially discriminatory policing.
In March, the Justice Department announced a separate review concerning the use of force, de-escalation strategies and specialized units in the Memphis Police Department. Also, Nichols’ mother has sued the city and its police chief over her son’s death.
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By ADRIAN SAINZ Associated Press
Associated Press writers Claudia Lauer in Philadelphia and Kristin Hall, Travis Loller, Kimberlee Kruesi and Jonathan Mattise in Nashville contributed to this report.
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