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January 26, 2023 - 5 former officers indicted in death of Tyre Nichols

By Adrienne Vogt, Aditi Sangal, Elise Hammond, Tori B. Powell and Maureen Chowdhury, CNN

Updated 1:33 a.m. ET, January 27, 2023

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9:55 p.m. ET, January 26, 2023

Law enforcement across cities nationwide are on edge ahead of video release

from Whitney Wild, Geneva Sand and Ryan Young

Mounted Memphis Police Department officers are seennext to the Shelby County Criminal Justice Center in Memphis, Tennessee, on Thursday, January 26. (Chris Day/The Commercial Appeal/USA Today Network)

Police departments across the country told CNN they are either monitoring the events in Memphis, Tennessee, closely or already have plans in place in case of large-scale protests or unrest relating to the case of Tyre Nichols.

The city of Memphis plans to release video of Nichols' fatal arrest sometime after 6 p.m. local time (7 p.m. ET) Friday.

In preparation, the Atlanta Police Department has moved to 12-hour shifts and canceled days off.

The Los Angeles Police Department is "closely monitoring what is going on in the county and is prepared for any situation that might arise," said Tony Im, a LAPD spokesperson.

In Seattle, Det. Judinna Gulpan said the police department "is planning, preparing, and staffing to provide public safety throughout the city should police resources be needed."

The Denver Police Department said it “is monitoring for any potential demonstration activity in Denver, and will adjust resources if or as needed.”

The Oakland Police Department in California said it’s unaware of any planned protests or marches, but is monitoring the situation.

The New York Police Department said it’s prepared for any potential unrest.

“The Department has examined, adapted and adjusted our response to protests and is prepared to protect the Constitutional right to peaceful protest, and works to ensure public safety for every New Yorker exercising their First Amendment rights,” an NYPD spokesperson said.

The Dallas Police Department told CNN their leadership has been in contact with community and faith-based leaders to prepare for potential protests and vigils.

“Our response teams are on standby, and we will add additional patrols as they are needed,” said Kristin Lowman, assistant director for public information.
“We understand the emotion the criminal charges on these former officers have caused, and that emotions may intensify when the video footage is released,” she said. “While we respect everyone’s right to protest, no matter their position, we will NOT condone lawlessness in our city. We will take the appropriate action if anyone’s actions threaten lives or harm people or property.”

9:48 p.m. ET, January 26, 2023

Nichols’ family attorneys urge DOJ to investigate use of "saturation unit policing" by cities

From CNN’s Jamiel Lynch

In an open letter, the attorneys for the family of Tyre Nichols wrote that they want changes to “saturation unit” policing in wake of his death.

“Pro-active policing” or “saturation unit policing,” whether the officers are in unmarked cars wearing tactical vests or “jump-out boys” in plain clothes and undercover, is defined by several common and dangerous components, Attorneys Ben Crump and Antonio Romanucci wrote.

The units are intended to flood troubled areas with officers to stem high crime, they noted.

"But what we’ve seen this month in Memphis and for many years in many places, is that the behavior of these units can morph into 'wolf pack' misconduct that takes away a person’s liberty or freedom to move, akin to a kidnapping."

The attorneys said the aggressive encounters, which they noted focused often on Black and brown people, can destroy trust between police and communities.

They also can "lead to physical injury or death when the culture of unchecked, pro-active policing overtakes common sense.”

At least two of the officers charged in Nichols’ death were members of the Memphis Police SCORPION (Street Crimes Operation to Restore Peace in our Neighborhoods) unit, according to their own attorneys.

“Whatever happened to Tyre, there was a cultural mindset to it, and it’s not unique to Memphis. From Baltimore to Chicago and DC, units like the SCORPION unmarked cars – regardless of what the units are named – cause terror in minority communities,” the letter read.

The attorneys urged Attorney General Merrick Garland and the Department of Justice to investigate cities that use these tactics to "determine if they are effective in reducing crime and ask for all data on injuries and deaths related to 'saturation patrols' as well as a compilation of complaints from citizens.

9:24 p.m. ET, January 26, 2023

2nd former Memphis police officer released from jail after posting $250,000 bond, records show

From CNN’s Andy Rose

Justin Smith, one of the five former Memphis Police officers indicted in the death of Tyre Nichols, was released on $250,000 bond Thursday night, according to Shelby County Jail records.

His release came shortly after Desmond Mills Jr., another defendant in the case, was set free after posting a $250,000 bond.

The three other indicted officers – Emmitt Martin, Tadarrius Bean and Demetrius Haley – were still in jail Thursday night.

9:41 p.m. ET, January 26, 2023

Family friend of indicted officer says he is “remorseful”

From CNN’s Nick Valencia and Pamela Kirkland

Bennie Cobb is a family friend of Emmitt Martin III, one of the five former officers indicted in the death of Tyre Nichols. (CNN)

A self-described longtime family friend of Emmitt Martin III, one of the five former officers indicted in the death of Tyre Nichols, said Martin came to his office in the days following the fatal traffic stop.

Bennie Cobb told CNN Martin appeared "nervous" about his future as a police officer and "remorseful" for what happened. He also recalled Martin asking for help with obtaining an attorney.

Cobb said Martin texted him "a couple of weeks ago" saying that he needed to talk. The two spoke for about two hours in-person, according to Cobb.

When the two met, he said Martin arrived looking "shaken" and "tired." Martin came to discuss Nichols' death and his involvement with it.

"I'm shocked that he's in this situation," said Cobb, who is a retired captain with the Shelby County Sheriff's Office. "I never knew him to be violent."

"He was really remorseful and kind of embarrassed," said Cobb, who considers himself a mentor to Martin.

"When I saw this big man that I knew as a kid, I saw the pain on his face. He said he hadn't slept in probably five or six days. When he was expressing to me the things that went on, he was teary eyed,” Cobb said, recalling the conversation. “He was nervous and rightly so. Somebody died from the actions that you participated in."

Cobb said he and Martin prayed together, which included words for the Nichols family.

The 40-year law enforcement veteran expressed he was concerned after hearing Martin's description of what happened, especially regarding communication – or lack thereof – with dispatch as well as with his supervising officers.

"Communication is the number one thing to officer safety,” Cobb said. “Letting the dispatcher know what's going on."

Cobb said Martin told him that the officers used pepper spray, batons and a Taser. After hearing how the confrontation with Nichols proceeded, Martin said it was concerning to him.

"He mentioned there was other numbers of people out there … that he felt like did not do enough, especially when he saw a young man that was in distress,” Cobb said.

8:49 p.m. ET, January 26, 2023

"It was an MMA fight, except there was only one side that was MMA." Attorney describes Nichols' arrest video

From CNN’s Andy Rose

Antonio Romanucci attorney for Tyre Nichols' family said the 29-year-old man looked "helpless" in the video. (CNN)

The attorney for Tyre Nichols’ family has seen video of the events leading to his death and said people should be prepared for a disturbing scene.

“It was an MMA fight, except there was only one side that was MMA,” attorney Antonio Romanucci told CNN’s John Berman on Thursday. “Tyre was helpless, he was defenseless. He was restrained.”

The video is scheduled to be released sometime after 6 p.m. local time (7 p.m. ET) Friday, according to Shelby County District Attorney Steve Mulroy.

Indictments were announced Thursday for five former Memphis Police officers on multiple charges, including second-degree murder.

Even after seeing the video of what happened, the family is still not clear why police stopped Nichols in the first place, Romanucci said.

“We know that the police have said that this was a traffic stop, but we don't know more than that,” he said.

Romanucci said he hopes there will be “peace in the streets” after the video is released Friday, and he says Nichols’ family was pleased with Thursday’s announcement of charges.

“Clearly, they wanted the absolute utmost charges, and I think with what we see today, they're going to get that,” said Romanucci.

9:39 p.m. ET, January 26, 2023

It's 9:30 p.m. ET. Here's what we learned today about the death of Tyre Nichols

Indictments: A grand jury returned indictments against the five ex-cops involved in Tyre Nichols' fatal traffic stop arrest. Shelby County District Attorney Steve Mulroy said the indicted officers are all responsible for Nichols' death. Each ex-cop faces one charge of second-degree murder, one charge of aggravated assault, two charges of aggravated kidnapping, two charges of official misconduct and one charge of official oppression. One of the five who was charged was released from jail Thursday night after posting $250,000 bond. The other four former officers had not yet posted bond as of Thursday evening, records showed.

Indictment reactions: Lawyers for two of the former officers charged in Nichols' death said they are waiting to see how the justice system plays out, emphasizing both of their clients are upset about the situation. The Nichols family attorneys said the grand jury's decision "gives us hope as we continue to push for justice for Tyre." The NAACP said the indictments should spur national action to curb police brutality. And Memphis Mayor Jim Strickland thanked Mulroy, the district attorney, for bringing forward the indictments. He said officials are “doing everything we can to prevent this from happening again."

Video release: The city of Memphis will release the video of Nichols' fatal arrest on Friday sometime after 6 p.m. local time, Mulroy said Thursday. He told CNN the video does not show the full encounter between Nichols and police. Nichols' family on Monday met with Memphis officials and viewed video recordings of his arrest ahead of its release. The head of the Tennessee Bureau of Investigation said Thursday he was "sickened" by what he saw in the video. And Antonio Romanucci, attorney for Nichols' family, told CNN Thursday people should be prepared for a disturbing scene.

7:48 p.m. ET, January 26, 2023

Former Memphis officer Desmond Mills Jr. released on bond

From CNN’s Andy Rose

One of the five former Memphis Police officers who was charged with second-degree murder in the death of Tyre Nichols was released from jail Thursday night, according to Shelby County Jail records.

Desmond Mills Jr. posted $250,000 bond.

The other four former officers who were charged had not yet posted bond Thursday evening, records showed.

7:59 p.m. ET, January 26, 2023

District attorney: Video of altercation between Nichols and police does not show full encounter

Shelby County District Attorney Steve Mulroy speaks at a press on Thursday, January 26. (Ariel Cobbert for CNN)

Shelby County District Attorney Steve Mulroy said video shows police officers were already "highly charged up" from the initial interaction with Tyre Nichols and it escalated from there, adding the footage does not show the beginning of the encounter with him.

Mulroy told CNN's Erin Burnett he is very confident "we can secure a conviction. We have a very strong case and we’re ready for the process to go forward."

"I should just clarify that the video we have doesn't start from the very beginning of the altercation. It kind of cuts in as the first encounter is in progress, and so that's what I mean when I say they were already highly charged. I think when everyone watches the video tomorrow night when it's released, I think everyone will see what we mean."

The city of Memphis plans to release video of Nichols' arrest sometime after 6 p.m. local time (7 p.m. ET) Friday, according to the district attorney.

6:49 p.m. ET, January 26, 2023

Tennessee governor vows abuse of power won't be tolerated in light of Tyre Nichols' death

From CNN’s Jamiel Lynch

Tennessee Gov. Bill Lee offered his sympathies to the family of Tyre Nichols and vowed that “cruel, criminal abuse of power will not be tolerated in the state.”

"These individuals do not represent the honorable men & women of law enforcement, & they must be brought to justice for this tragic loss of life," the governor said in a statement posted on Twitter.

“The City of Memphis & the Memphis Police Department need to take a hard look at the misconduct & failure that has occurred within this unit. I discussed this with Mayor Strickland & am pleased the city is pursuing an external, impartial investigation," it added.