Sep 30, 2024
This story will be updated with new information throughout the day. MEMPHIS, Tenn. -- The three former officers facing federal charges in the beating death of Tyre Nichols rested their cases on Monday. Defense attorneys announced on Monday morning that Tadarrius Bean and Demetrius Haley rest their cases. Later in the afternoon, Justin Smith also rested his case. Closing arguments will begin on Tuesday morning. Witnesses testify force used on Tyre Nichols was justified Justin Smith's attorney, Martin Zummach, asked additional witnesses to the stand as he continued to build Smith's case on Monday. Jared Zwickey, a California-based use of force trainer, testified on Monday that Justin Smith's actions as seen on body camera footage, are within national and Memphis Police Department policy. Zummach questioned Zwickey about the dangers officers may face if a suspect resists and has not been searched. Zwickey said he would classify the situation as "very high risk," and described officers as typically being "very fearful" in such situations. Zwickey informed the jury that Smith was the officer who called for medical help after the beating. Zwickey agreed that if an officer were to tell EMTs on the scene of an arrest that the suspect's oxygen is low, he is "absolutely" assisting in providing medical care to the wounded suspect. National and MPD standards were heavily discussed, with Zwickey agreeing that open-hand and closed-hand strikes to the face are consistent with both policies. Tyre Nichols trial: Prosecution rests, defense begins its case Zummach also made the argument that someone who is under the influence of drugs or alcohol will have a higher pain tolerance, which could explain how a suspect could continue resisting after being pepper sprayed or tased. Zwickey agreed with the statements. After Zwickey was dismissed, Mark Wojcicki took the stand. While questioned by Zummach, Wojcicki, a retired lieutenant, called Justin Smith a "high-level officer", a "good and honest man" and someone who "exercises good, diligent police work." "If it was my kid that had done something to be arrested, I would want Justin being the man arresting him," Wojcicki said. Upon redirect, the prosecutor asked Wojcicki if a good police officer would use excessive force, laugh about using excessive force, or laugh or brag about injuring someone. He responded "No" to all of them. The final witness was Brian Nemec, a former MPD Organized Crime Unit lieutenant. Nemec described Smith as a "shy" and "timid" person at first. "I trusted him," Nemec said. "He was good." Nemec told Zummach that Smith had never let him down. He also added that he'd never seen Smith lose his temper. Upon cross-examination, Nemec said he'd only supervised Smith for four months. Prosecutor Kathryn Gilbert asked Nemec if a good officer would report excessive force and try to stop it, and the latter agreed. Gilbert asked if a good officer would try to help an injured arrestee and Nemec agreed with that too. 📡 See more breaking news, local news and weather from WREG.com for Memphis and the Mid-South. 📧 Sign up for WREG newsletters and have the latest top stories sent right to your inbox. Nemec said he was not aware that Smith didn't inform supervisors about the use of force he used until he saw it on the news. He also said that he is now aware that Smith failed to report his use of force and the other officers' use of force. Gilbert asked Nemec if he thought Smith was a good officer. He responded, "When I had him, yes he was." Tadarrius Bean, Demetrius Haley, and Justin Smith are facing charges of federal civil rights violations, conspiracy, and obstruction in connection to Tyre Nichols’ death in 2023.
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