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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11:04 p.m. ET, January 26, 2023

Attorney Ben Crump says video of Tyre Nichols stop will "remind you of Rodney King in many regards"

From CNN’s Rebekah Riess.

Civil rights attorney Ben Crump speaks at a news conference with the family of Tyre Nichols in Memphis on Monday. (Gerald Herbert/AP)

Attorney Ben Crump, who represents Tyre Nichols’ family, told CNN's Allison Camerota Thursday the video of the events leading to Nichols’ death will "remind you of Rodney King in many regards."

King, a Black motorist, was beaten by Los Angeles Police Department officers in a 1991 incident that was captured on video, triggering riots a year later after four White officers were acquitted of assault.

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 Shelby County District Attorney Steve Mulroy.

“Being assaulted, battered, punched, kicked, tased, pepper sprayed. It is very troubling,” Crump said.

The attorney noted that at the end of the video Nichols’ can be heard calling for his mother three times before falling silent.

“Then you never hear Tyre Nichols say another word anymore on that video,” he said.
“You see him up against the car, sitting down in handcuffs, and you see his body fall to the right and after a minute or so, they put him back upright. Then you see his body fall to the left and they pick him back up and it's obvious he's in distress (…) he's moaning and nobody renders aid,” Crump told CNN.

“That's what's so painful, because you want some ounce of humanity. Somebody to say, ‘hey, we’ve got to try to help him — and it never occurs and that's what's so troubling about the video,” the attorney said.

Crump said when the video is released on Friday, it will “evoke strong emotions, very strong emotions,” reiterating the Nichols’ family has asked that anyone protesting do so peacefully.

10:58 p.m. ET, January 26, 2023

In photos: Memphis holds candlelight vigil for Tyre Nichols

The family of Tyre Nichols and members of the Memphis community attended a candlelight prayer vigil at the city's Tobey Skatepark on Thursday to celebrate the 29-year-old's life.

Nichols was fond of skateboarding in Shelby Farms Park, going to Starbucks with friends and photographing sunsets, and he had his mother’s name tattooed on his arm, the family said.

Tyre Nichols' mother is seen at a candlelight vigil in memory of him at Tobey Skatepark in Memphis on Thursday, January 26, 2023. (Ariel Cobbert for CNN)

Memphis community members and local organizers gather for a candlelight vigil in memory of Tyre Nichols at Tobey Skatepark in Memphis on Thursday, January 26, 2023. (Ariel Cobbert for CNN)

Andre E. Johnson leads a prayer at the candlelight vigil. (Ariel Cobbert for CNN)

Local skaters ride at the candlelight vigil at Tobey Skatepark. (Ariel Cobbert for CNN)

Signs and candles are seen at Tobey Skatepark. (Ariel Cobbert for CNN)

9:50 p.m. ET, January 26, 2023

Memphis school district cancels Friday after-school activities ahead of video release

From CNN’s Jamiel Lynch

All after-school activities and events are canceled on Friday, Memphis Shelby County Schools said in a Twitter post.

“In the interest of public safety, on Friday, January 27, all after-school activities, including Y-care and athletic events, will be canceled,” the post said.

The district is also postponing its 2023 School Choice Showcase which was scheduled for Saturday,.

The district plans to announce any further cancellations for Saturday activities by Friday evening.

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 Shelby County District Attorney Steve Mulroy.

1:29 a.m. ET, January 27, 2023

Tyre Nichols' mother calls for peaceful protests after footage is released Friday

From CNN's Sharif Paget and Tina Burnside

RowVaughn Wells. Tyre Nichols' mother, speaks during a vigil on Thursday. (CNN)

RowVaughn Wells, the mother of Tyre Nichols, asked for people to protest peacefully after footage showing her son's arrest is released Friday evening.

"When that tape comes out tomorrow, it's going to be horrific," Wells said at a vigil for her son in Memphis Thursday. "I didn't see it, but from what I hear, it's going to be horrific."
"But I want each and every one of you to protest in peace," she said. "I don't want us burning up our cities, tearing up the streets, because that's not what my son stood for."
"And if you guy's are here for me and Tyre, then you will protest peacefully."

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 Shelby County District Attorney Steve Mulroy.

Correction: A previous version of this post misspelled RowVaughn Wells’ first name.

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.