CRIME, POLICE + COURTS

A 6th Memphis officer is taken off the force after the fatal police beating of Tyre Nichols

Jan 30, 2023, 9:52 AM

Protesters block traffic as they rally against the fatal police assault of Tyre Nichols, in Venice,...

Protesters block traffic as they rally against the fatal police assault of Tyre Nichols, in Venice, California, on January 29, 2023. - The US city of Memphis on January 28 disbanded the special police unit whose officers fatally beat a young Black man, after graphic video of the assault sparked widespread shock and outrage. The video, which shows five officers repeatedly kicking and punching 29-year-old Tyre Nichols as he moans and calls out for his mother, triggered calls for police reform. (Photo by Agustin PAULLIER / AFP) (Photo by AGUSTIN PAULLIER/AFP via Getty Images)

(Photo by AGUSTIN PAULLIER/AFP via Getty Images)

Editor’s note: This article contains graphic videos and descriptions of violence. 

(CNN) — [Breaking news update, published at 11:36 a.m. ET]

A sixth Memphis police officer involved in Tyre Nichols’ arrest, Officer Preston Hemphill, has been relieved of duty, Memphis Police Department’s Maj. Karen Rudolph said.

“He was relieved of duty with the other officers,” she said. “Remember, we said this investigation is ongoing. More information will be shared as it develops.”

[Original story, published at 9:28 a.m. ET]

Grisly video showing Memphis police beating a 29-year-old Black man has spawned nationwide protests, calls for more criminal charges against officers and renewed demands for national police reform.

The fallout from Tyre Nichols‘ brutal January 7 encounter with police has been relatively swift: Five Black officers involved were fired and charged with murder and kidnapping, and the police unit they were part of was disbanded.

Details of the case continue to emerge amid broader public scrutiny of how US police use force, especially against people of color. Among key questions still unresolved in the Nichols case are:

• If more fallout — including charges — is coming for officers: Why other officers who were at the Nichols beating scene have not been disciplined or suspended is a key concern of City Council member Frank Colvett, he said Sunday. “I hope to know that … Monday morning,” he said.

As for more criminal counts, “we are going to need time to allow the investigation to go forward and further consideration of charges,” Shelby County District Attorney Steve Mulroy told CNN on Sunday. It was “unprecedented” for indictment charges against the officers to come within just weeks, he noted.

• If an officer who used a stun gun on Nichols will be fired: “The officer who tased #TyreNichols and who compelled the other officers to stomp him must be fired. We must put an end to the culture that allows excessive force and assumes it is commonplace,” tweeted Memphis City Council member JB Smiley Jr.

• How Memphis’ police chief will fare: While some have praised Chief Cerelyn “CJ” Davis‘ swift action in the case, she also created the controversial SCORPION unit the charged officers were linked to. “There is a reckoning coming for the police department and for the leadership,” Colvett said. “She’s going to have to answer not just to the council but to the citizens — and really the world.”

• What happens to fire and sheriff’s personnel: Two Memphis Fire Department employees who were part of Nichols’ initial care were relieved of duty, pending the outcome of an internal investigation. And two deputies with the Shelby County Sheriff’s Office have been put on leave pending an investigation.

• If Nichols’ death spurs national-level police reform: The Congressional Black Caucus has asked for a meeting with President Joe Biden this week to push for negotiations on police reform.

Officials knew releasing video footage of Nichols’ beating without filing charges against the officers could be “incendiary,” Mulroy said. “The best solution was to expedite the investigation and to expedite the consideration of charges so that the charges could come first and then the release of the video.”

Footage of the fatal encounter is difficult to watch. It starts with a traffic stop and later shows officers repeatedly beating Nichols with batons, punching him and kicking him — even as his hands are restrained behind his back at one point.

Nichols is heard calling for his mother as he was kicked and pepper-sprayed.

He was left slumped to the ground in handcuffs. Another 23 minutes passed before a stretcher arrived at the scene. Nichols was hospitalized and died three days later.

“All of these officers failed their oath,” Ben Crump, the civil rights attorney representing the Nichols family, told CNN on Sunday. “They failed their oath to protect and serve. Look at that video: Was anybody trying to protect and serve Tyre Nichols?”

As a makeshift memorial grew over the weekend on the corner where Nichols was beaten, protesters marched from New York City to Atlanta, Boston and Los Angeles.

Nichols’ family, now at the center of unfamiliar media attention, remembered him as a good son and father who enjoyed skateboarding, photography and sunsets. They recalled his smile and hugs and mourned the moments they’ll never have again.

Family members also promised to “keep saying his name until justice is served.”

SCORPION unit tied to deadly beating gets axed

All five officers charged in Nichols’ beating were members of the now-scrapped SCORPION (Street Crimes Operation to Restore Peace in Our Neighborhoods) unit, Memphis police spokesperson Maj. Karen Rudolph said Saturday.

The unit, launched in 2021, put officers into areas where police were tracking upticks in violent crime.

“That reprehensible conduct we saw in that video, we think this was part of the culture of the SCORPION unit,” Crump said.

“We demanded that they disbanded immediately before we see anything like this happen again,” he said. “It was the culture that was just as guilty for killing Tyre Nichols as those officers.”

Memphis police will permanently deactivate the unit. “While the heinous actions of a few casts a cloud of dishonor on the title SCORPION, it is imperative that we, the Memphis Police Department take proactive steps in the healing process for all impacted,” the department said.

Colvett supported the dismantling of the SCORPION unit.

“I think the smart move and the mayor is correct in shutting it down,” the council member said. “These kinds of actions are not representative of the Memphis Police Department.”

The case should give the city a chance to “dig deeper” into community and police relations, City Council member Michalyn Easter-Thomas said.

“We saw a very peaceful and direct sense of protest in the city of Memphis, and I think it’s because maybe we do have faith and hope that the system is going to get it right this time,” Easter-Thomas said.

Calls for police reform grow

Crump called on Congress to pass the George Floyd Justice in Policing Act, which passed the Democratic-controlled House in 2021 but not the evenly split Senate.

“The brutal beating of Tyre Nichols was murder and is a grim reminder that we still have a long way to go in solving systemic police violence in America,” Congressional Black Caucus chair Rep. Steven Horsford said Sunday in a statement.

The Tennessee State Conference NAACP president applauded Davis for “doing the right thing” by not waiting six months to a year to fire the officers who beat Tyre Nichols.

But she had had harsher words for Congress: “By failing to craft and pass bills to stop police brutality, you’re writing another Black man’s obituary,” said Gloria Sweet-Love. “The blood of Black America is on your hands. So, stand up and do something.”

On the state level, two Democratic lawmakers said they intend to file police reform legislation ahead of the general assembly’s Tuesday filing deadline.

The bills would seek to address mental health care for law enforcement officers, hiring, training, discipline practices and other topics, said Tennessee state Rep. G.A. Hardaway, who represents a part of Memphis and Shelby County.

While Democrats hold the minority, with 24 representatives compared to 99 GOP representatives, this legislation is not partisan and should pass on both sides of the legislature, Rep. Joe Towns Jr. said.

“You would be hard-pressed to look at this footage (of Tyre Nichols) and see what happened to that young man, OK, and not want to do something,” he said. “If a dog in this county was beaten like that, what the hell would happen?”

Correction: An earlier version of this story had the wrong first name for Tyre Nichols.

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A 6th Memphis officer is taken off the force after the fatal police beating of Tyre Nichols