Memphis DA Does Not Rule Out Filing Charges Against Others at Scene Over Tyre Nichols Beating and Death

In an interview with CNN Newsroom Sunday, the district attorney who brought multiple charges against five former Memphis, Tennessee police officers for the fatal beating of Tyre Nichols would not rule out bringing additional charges against others who were at the scene.

Nichols was pulled over by officers with the Memphis Police Department on Jan. 7. Video from the police body cams and surveillance cameras showed Nichols being brutally beaten, tased, pepper-sprayed, struck by batons, punched, and kicked by the officers. Nichols died from his injuries on Jan. 10. The officers were fired shortly thereafter.

On Thursday, Shelby County District Attorney Steve Mulroy announced charges against the officers for Nichols’ death. Emmit Martin III, Justin Smith, Tadarrius Bean, Demetrius Haley, and Desmond Mills were each charged with second-degree murder, aggravated assault, aggravated kidnapping involving the possession of a weapon, aggravated kidnapping resulting in bodily injury, official misconduct through unauthorized exercise of power, official misconduct through failure to act when there is a duty imposed by a law, and official oppression. Each of the five former MPD officers was arrested and taken into custody before the charges were publicly announced.

Since the announcement of the charges and release of the video footage, questions have arisen regarding potential criminal charges against additional people, including other MPD officers and first responders who were at the scene but did not intervene or immediately render aid.

MPD’s policies specifically impose a “duty to intervene” on their officers if they “directly” observe any other officer “engaged in dangerous or criminal conduct or abuse of a subject,” along with specifically requiring “de-escalation” and setting forth rules for a “use of force continuum.”

According to a report by CNN, the actions of at least two Memphis Fire Department employees and two Shelby County Sheriff’s deputies are being investigated:

Two fire department employees who were part of Nichols’ “initial patient care” were relieved of duty “while an internal investigation is being conducted,” department public information officer Qwanesha Ward told CNN’s Nadia Romero.

After the video release, Shelby County Sheriff Floyd Bonner Jr. said he launched an internal investigation into the conduct of two deputies “who appeared on the scene following the physical confrontation.” Both deputies “have been relieved of duty” pending the investigation’s outcome, the sheriff said.

Mulroy spoke to CNN anchor Pamela Brown Sunday, and the first question she asked was about the possibility of additional charges.

“You’ve charged five of the officers with Tyre Nichols’ death,” said Brown. “There were others on the scene that night too. Could we soon see others charged in this case?”

Mulroy said that he “can’t comment on an ongoing investigation or an ongoing prosecution,” but “will point out that the charges that we brought against the five officers who were principally involved in the beating death of Tyre Nichols, who were present at that scene, we charged them extraordinarily quickly, less than three weeks from the incident itself to the time we brought indictments. And that’s really unprecedented.”

“So, we’re going to need time to allow the investigation to go forward in further consideration of charges,” he continued, “but I will say this, nothing we did last Thursday regarding the indictments precludes us from bringing other charges later.”

Mulroy spoke about the “huge amount of intense public interest in this case,” especially regarding the video footage.

“We knew that the longer the video was delayed, the more unrest and suspicion about the process would be. So, the video needed to be released soon. But at the same time, we also knew that releasing the video without an announcement of charges, could itself be provocative and incendiary. So, the best solution was to expedite the investigation and to expedite the consideration of charges so that the charges could come first, and then the release of the video.”

Mulroy defended bringing the same charges against each of the five former officers, because while “each of the five defendants participated in a different way in the death of Tyre Nichols, all of them acted together, and all of them, their actions taken together, resulted in Tyre Nichols’ death.”

Brown questioned Mulroy about what was needed to prove various elements of the charges against the officers, and he highlighted the duty to intervene.

“When you are an on-duty police officer,” said Mulroy, “you do have an affirmative duty to act or prevent an unjust beating and killing of this nature. The duty intervene is something that is uncontroversial. So, acts of commission and omission can, together, lead to liability. And in fact, one of the charges in the case, the official misconduct, is a specific charge, official misconduct through inaction. That is a failure to act when there’s a duty imposed by law.”

Brown asked again about possible additional people being charged. “So, then, again, there were other officers who were standing there who did not act. Is it reasonable that they would face the same charge the others when it comes to the inaction and dereliction of duty here?”

And Mulroy demurred again, saying there were “certain things that I can’t comment regarding an already ongoing investigation and a pending prosecution. What I can say is this, is that we’re looking at everything. And nothing we did on Thursday, by bringing indictments against the five officers where principally involved, precludes any other action later on.”

If charges are brought against the Memphis Fire Department or Shelby County deputies, it will hinge on their official job duties, Palm Beach County (Florida) State Attorney Dave Aronberg told Mediaite.

“The big question from a criminal and civil standpoint is ‘did they have a legal duty to intervene?'” said Aronberg. “That duty exists because of the position they are in. It wouldn’t apply to a civilian bystander but would definitely apply to a police officer or EMT who stood by and did nothing.”

The specific charges would depend, obviously, on Tennessee law, Aronberg said. He did not want to speculate as a Florida prosecutor on another state’s law and with any potential charges being so dependent on the specific facts as related to each individual, but he did think it was “likely others will be charged” for their actions or inactions regarding Nichols.

Watch above via CNN.