(CNN) 鈥� Five former Memphis police officers involved in the deadly police beating of Tyre Nichols have been indicted by a federal grand jury, according to court filings.聽
The five former officers 鈥� Tadarrius Bean,聽Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith 鈥� are facing several charges, including federal civil rights, conspiracy, and obstruction offenses resulting in Nichols鈥� death.
Tyre Nichols, a 29-year-old Black man, was violently beaten by Memphis police officers in January from his injuries. Nichols was repeatedly punched and kicked by the after the officers conducted a traffic stop and brief foot chase. He required hospitalization after the encounter and died three days later.
鈥淥fficers who violate the civil rights of those they are sworn to protect undermine public safety, which depends on the community鈥檚 trust in law enforcement,鈥� Attorney General Merrick Garland said in a statement.
Garland added, 鈥淭he Justice Department will continue to hold accountable officers who betray their oath.鈥�
The federal indictment says the five men 鈥渨illfully deprived鈥� Nichols of his constitutional rights 鈥渢o be free from an unreasonable seizure, which includes the right to be free from the use of unreasonable force by a police officer.鈥�
The former officers 鈥渦nlawfully assaulted鈥� Nichols and 鈥渨illfully failed to intervene in the unlawful assault,鈥� which caused injuries that resulted in his death, the indictment reads.
CNN has reached out to attorneys for the five officers for comment. A lawyer for Justin Smith declined to comment.
鈥淭his is going to cause us to change gears a little bit. This adds another layer of things that we鈥檒l have to look into and investigate,鈥� Blake Ballin, defense attorney for Desmond Mills, told CNN, reacting to the federal indictment.
鈥淲e have been expecting this federal indictment and it does not change Mr. Mills鈥檚 position,鈥� Ballin said in another statement to CNN. 鈥淎s in the state case, Mr. Mills maintains his innocence. He will turn himself in on the federal indictment and continue to defend himself against all allegations in both the state and federal court systems.鈥�
The death reignited a national debate on justice in policing and reform, rocking a nation long accustomed to videos of police brutality, especially against people of color. It also spurred protests and vigils in Memphis and other major US cities.
鈥淚f anything, we are so hopeful that today sent a chilling effect 鈥� a chilling effect 鈥� on police officers across America,鈥� said Benjamin Crump, an attorney for the Nichols family, during a news conference Tuesday. 鈥淭hat not only are you going to be under review by the state, but Merrick Garland and the Biden administration have sent the warning and set a precedent that the federal government is going to defend the civil rights for all American citizens, against anybody, whether they鈥檙e wearing a badge or not.鈥�
The five officers are also facing in Tennessee related to Nichols鈥� death 鈥� which they have pleaded not guilty to 鈥� and a federal civil lawsuit. All five were terminated by the Memphis Police Department.
鈥淲hen some officers violate the Constitution, when they use excessive force, when they ignore serious injuries inflicted on people they arrest, their actions erode the public鈥檚 trust,鈥� said Assistant Attorney General Kristen Clarke, who leads the Justice Department鈥檚 Civil Rights Division, during a news conference on Tuesday.
Since January 2021, the Justice Department has brought more than 100 prosecutions involving violations of constitutional and legal rights by law enforcement officials. In that same period, the department obtained more than 86 convictions, Clarke said.
Police footage contradicted police report
Body camera videos and surveillance footage from Nichols鈥� arrest were released on January 27, publicly revealing the severity of the beating, and sparking widespread condemnation from residents and police officials. The county prosecutor said at the time the videos contradicted what officers said happened in the initial police report.
The initial police report filed in the hours after the traffic stop said Nichols 鈥渟tarted to fight鈥� with officers and at one point grabbed one of their guns. But neither claim was substantiated in footage of the encounter released by police.
And despite the fact that the videos don鈥檛 appear to show Nichols fighting back, the report identified Nichols as a suspect in an aggravated assault. The report also did not mention the officers punching and kicking Nichols.
The report also claimed Nichols was pulled over for reckless driving at high speed 鈥� another claim not substantiated by video of the encounter.
The five fired officers were part of the department鈥檚 specialized SCORPION unit, which was launched in 2021 to take on a rise in violent crime in Memphis. Police permanently deactivated the unit shortly after Nichols鈥� death.
Officers attempted cover-up, prosecutors say
In the federal indictment, prosecutors also allege the five officers purposefully tried to keep their body-worn cameras out of view of the beating.
After the beating, the five detectives attempted to cover up the use of unreasonable force by giving misleading information to and withholding details from their supervisor and the officer tasked with writing an incident, according to the indictment.
Officers allegedly failed to tell emergency responders that Nichols had been repeatedly struck in the head and allegedly lied about Nichols pulling on the officers鈥� gun belts and being so strong that he lifted two officers off the ground.
More than an hour of footage showing the deadly assault released by city officials in January shows multiple officers threatening Nichols with violence while he appears to comply with their commands or is already on the ground.
A body camera video that captures the initial encounter between Nichols and police shows the officer getting out of his car with his gun drawn and captures an officer yelling for Nichols to 鈥淕et the f**k out of the car.鈥�
Nichols is heard saying, 鈥淚 didn鈥檛 do anything,鈥� and later, as he gets on the ground, 鈥淎ll right, I鈥檓 on the ground.鈥�
An officer yells at him, 鈥淏*tch, put your hands behind your back before I 鈥� I鈥檓 going to knock your ass the f**k out.鈥�
Nichols says, 鈥淚鈥檓 just trying to go home.鈥�
Nichols family filed federal lawsuit against Memphis
Nichols鈥� family filed a $550 million federal lawsuit in April against the city of Memphis, its police department and what the suit said were 鈥渦nqualified, untrained, and unsupervised鈥� officers assigned to the SCORPION unit.
The lawsuit, filed by lawyers for Nichols鈥� mother, RowVaughn Wells, said the fatal beating was the 鈥渄irect and foreseeable product of the unconstitutional policies, practices, customs, and deliberate indifference of the City of Memphis鈥� and its police officials.
鈥淚t is tragic to see a life cut short at 29 with so many milestones unmet, so many words unsaid and so much potential unfulfilled. Tyre Nichols should be alive today. No one in this country should have to bury a loved one because of police violence,鈥� Clarke said Tuesday.
During a news conference Tuesday held by the Nichols family and their attorneys, Wells said her family is 鈥済rateful鈥� for the indictment against the five former officers.
鈥淎s I鈥檝e mentioned before, Ty, he was just a free spirit and he really should be here today,鈥� Wells continued. 鈥淏ecause of those five police officers, he鈥檚 not. This is something that I鈥檓 gonna have to deal with for the rest of my life 鈥� that I will not have my son. But if my son had to leave this Earth in this manner, I鈥檓 hoping it was for the greater good.鈥�
The Justice Department into the city of Memphis and its police department in July, seeking to determine whether there are systemic violations of the Constitution or federal law by the agency. The probe is separate from the federal criminal civil rights investigation of the officers, the department said.
Last month, Shelby County District Attorney Steven Mulroy said his office involving the five former police officers who were charged in Nichols鈥� death, CNN previously reported.
鈥淎s in any such case, the primary consideration is concern about the credibility as witnesses of discharged officers,鈥� the district attorney鈥檚 statement said.
In addition to the 30 dismissals, charges were reduced in about a dozen other cases, the district attorney鈥檚 statement said. Mulroy said the changes came after his office reviewed approximately 100 cases involving the officers.
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