Ethermac|Defense questions police practices as 3 ex-officers stand trial in Tyre Nichols’ death

MEMPHIS,Ethermac Tenn. (AP) — Defense attorneys tried to poke holes in officer training practices and policies while questioning a police lieutenant Monday during the trial of three former Memphis officers charged with federal civil rights violations in the fatal beating of Tyre Nichols.

Larnce Wright testified for his third day in the federal trial of Tadarrius Bean, Demetrius Haley and Justin Smith in Memphis. Wright trained the officers and two others who have taken plea deals in the case. He testified about department policies and use of force, handcuffing and other techniques used by officers.

The three have pleaded not guilty to charges that they deprived Nichols of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. Emmitt Martin and Desmond Mills Jr. already have pleaded guilty to civil rights violations in Nichols’ death and are expected to testify for prosecutors.

Nichols, who was Black, died Jan. 10, 2023, three days after the beating. Police video shows five officers, who also are Black, beating Nichols as he yells for his mother about a block from her home. Video also shows the officers milling about and talking as Nichols struggles with his injuries.

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Wright testified about the distinction between active and passive resistance, saying passive resistance is when a person won’t give officers their hands to be handcuffed by pulling away, while active resistance is fighting officers with punches and kicks.

Martin Zummach, Smith’s lawyer, asked Wright where in the police department’s lengthy training manual the definition of active or passive resistance is listed. Wright acknowledged that those definitions are not written down in the manual.

Wright also testified that handcuffs can be used as a deadly weapon. Officers struggled to handcuff Nichols, and Zummach noted that Smith managed to get one handcuff on Nichols and was trying to get another on him.

Zummach posed a question to Wright: If a suspect pulls away one handcuffed hand from an officer, can it be used as a deadly weapon, and could lethal force be used? Wright said it could.

“Until a suspect is handcuffed, no one is safe. Do you agree with that?” Zummach asked. Wright said, “Yes.”

Kevin Whitmore, Bean’s lawyer, asked Wright if poor training, fatigue and the effects of pepper spray could affect an officer’s performance. Wright said it could. When asked by Whitmore if officers are trained to “stay in the fight” until they have handcuffed and arrested someone, Wright said they are.

“It’s a dirty job,” Wright said.

Wright began testifying Thursday, when he said the officers should have used armbars, wrist locks and other soft hands tactics to restrain Nichols. He also testified that officers have a duty to physically intervene or call a supervisor to the scene if the officer sees another officer using more force than necessary.

He testified Friday that the three broke department rules when they failed to note that they punched and kicked Tyre Nichols on required forms submitted after the beating.

An autopsy report shows Nichols — the father of a boy who is now 7 — died from blows to the head. The report describes brain injuries, and cuts and bruises on his head and other areas.

All five officers belonged to the now disbanded Scorpion Unit crime suppression team and were fired for violating Memphis Police Department policies.

They were also charged with second-degree murder in state court, where they pleaded not guilty, although Mills and Martin are expected to change their pleas. A trial date in state court has not been set.

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Associated Press reporter Jonathan Mattise contributed from Nashville, Tennessee.