Sep 20, 2024
MEMPHIS, Tenn. -- The federal trial for three former Memphis officers charged in the beating of Tyre Nichols closed out its second week with testimony from an ex-Scorpion Unit supervisor who claimed that some of the officers' actions were within MPD policy. Lieutenant DeWayne Smith was the supervisor of Scorpion Unit 1 from late 2022 until he retired in lieu of termination in March of 2023. Lieutenant Smith testified on Friday that none of the five officers on the scene of Tyree Nichols' beating informed him they had hit Nichols with a baton, punched him, kicked him, or struck him in the head. He said he was only informed they had pepper sprayed and tased Nichols on the first scene. The officers informed Smith that there was a "struggle" and claimed Nichols was on drugs. Smith said he and Desmond Mills, one of the officers who took a plea deal, went to Nichols' house down the road because he wanted to see if Nichols had a history of drug abuse. Smith told the jury he spoke with Nichols' mother, RowVaughn Wells, that night and thought he had told her Nichols was arrested for aggravated assault and reckless driving. Later, he remembered that he went along with Mills' statement that Nichols was taken into custody for a DUI. Martin testifies he was ‘angry’ but Tyre Nichols was ‘not a threat’ Mills told Smith that the team "did everything by the book." He informed the jury that before he knew the details of the incident, he didn't have a reason not to believe them. "I was surprised. I don't really know. It was surprising. They didn't need to hit him anymore," said Smith. He said he didn't know about the SkyCop camera footage until he saw it on the news after the incident, although he said he did not watch the video until he testified in front of the grand jury. “I turned it off. I was starting to learn what actually happened. I didn't want to see it," said Smith. Lieutenant Dewayne Smith tries to block the camera as he walks into court. (Photo by April Thompson, WREG) The prosecution asked Smith if he would have reported the punches and kicks to Nichols if he had known about them. He said he would have reported the kicks, but "I don't know about the punches because there was a physical altercation." He said punches are in line with "hard hand techniques," which are taught in the MPD training academy. He also testified that Haley's use of pepper spray on Nichols was within MPD policy. During Smith's cross-examinations, he advised the jury that he was unaware that Demetrius Haley had used excessive force before January 7, the night Nichols was beaten. He also mentioned that he did not know what a "run tax" was before the incident. At the end of his testimony on Friday afternoon, Smith noted he told the officers the night of the beating that they needed to finish their Response to Resistance (RTR) reports from the night before and then start on the RTRs for the Nichols incident, meaning the officers were involved in an incident where they had to use force the day before Nichols was beaten. Marco Ross, the chief medical examiner who wrote Nichols' autopsy report also testified on Friday. He explained in detail Nichols' internal and external injuries which included: a black eye, multiple scrapes and bruises across his entire body, a chipped tooth, and internal bleeding on the brain, neck, arms, legs and chest. Ross also noted that Nichols' brain was swollen, bruised in multiple areas, and had tears caused by direct impacts to his head. Paramedic describes ‘eerie’ Tyre Nichols scene: ‘Something was going on’ He said Nichols' cause of death was listed as blunt-force trauma to the head and classified as a homicide. Ross told the prosecution that the blunt force trauma to his head caused internal bleeding, which led to cardiac arrest and eventually ended in organ failure. Ross was questioned about whether Nichols could have recovered from the injuries if he had lived. Ross said it is likely Nichols would have needed daily medical help and been "comatose" or in a "vegetative state" had he survived due to the long-term lack of oxygen to his brain while he was in cardiac arrest. “Nothing would have reversed it (the brain damage) other than preventing the cardiac arrest,” Ross said. “There is nothing that would have made those injuries heal any more quickly.” Ex-Scorpion Unit officers testify in Tyre Nichols case: ‘I was ashamed’ On Thursday, Kyle Coudriet and James Harvey testified that while working on the Scorpion Unit with the accused officers, they witnessed several instances where some of them used more force than necessary on suspects. Two cases were discussed with the officers, both concerning Demetrius Haley and his history of excessive force. Both officers admitted to lying in their incident reports and in interviews with the FBI because they were "scared" to speak up, or felt "ashamed." Defense attorneys questioned Coudriet’s truthfulness and if he was coached by prosecutors on his answers. Harvey was grilled by defense attorneys on his changing accounts of incidents, lying on his use of force reports, and not mentioning when he kicked a suspect who was being arrested. Tadarrius Bean, Demetrius Haley, and Justin Smith will stand trial over the next one to two weeks on charges of federal civil rights violations, conspiracy, and obstruction in connection to Tyre Nichols’ death. The trial will resume on Monday morning with Smith still on the stand.
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