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MEMPHIS DA: VIDEO RELEASE MAY COINCIDE WITH CHARGE DECISION



By ADRIAN SAINZJanuary 25, 2023



1 of 9
District attorney Steve Mulroy speaks during an interview with the Associated
Press, in response to the investigation of the death of Tyre Nichols, who died
after being beaten by Memphis police officers, in Memphis, Tenn., Tuesday, Jan.
24, 2023. Two Memphis Fire Department employees have been removed from duty
while the agency conducts an investigation into the death of Nichols, a Black
man, after a violent arrest that led to the firing of five police officers. (AP
Photo/Gerald Herbert)


MEMPHIS, Tenn. (AP) — The release of police video related to the death of a
Black man after a violent arrest — which could take until next week — will be
carefully timed to avoid the chance that suspects or witnesses tailor their
statements to what they saw in the footage, the top prosecutor in Memphis said
Tuesday.

Shelby County District Attorney Steve Mulroy told The Associated Press that
investigators probing Tyre Nichols’ Jan. 7 arrest want to complete as many
interviews as possible before releasing the video this week or next week. The
timetable has rankled activists who expected the video to be released after
Nichols’ family viewed the footage, which occurred on Monday.

Mulroy said he feared that releasing the video too early in the investigation
could influence witnesses. He asked for patience from the public.

“If you have suspects or persons of interest and they see the video, then they
could theoretically ... tailor their statements to law enforcement based on what
they’ve seen,” Mulroy said, speaking in general rather than to this specific
case. “Even witnesses who are not suspects or not persons of interest, it’s easy
to get confused, and rather than talking to law enforcement about what they
themselves remember, they can start confusing it with what they saw on TV.”


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DA: 5 MEMPHIS COPS 'ALL RESPONSIBLE' FOR TYRE NICHOLS' DEATH

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On Monday, Ben Crump, who’s representing Nichols’ family, said police video that
the family viewed showed that Nichols — a 29-year-old FedEx worker and father —
was shocked, pepper sprayed and restrained when he was pulled over for a traffic
stop near his home. He was returning home from a suburban park, where he had
taken photos of the sunset. The legal team said that officers beat Nichols for
three minutes in a “savage” encounter reminiscent of the infamous 1991 police
beating of Los Angeles motorist Rodney King.



Mulroy said he could not discuss details of the video, but as a human being and
a father, he was distraught by it.

“My heart went out to the family,” he said. “I’m a parent ... I can’t imagine
anything worse than losing a child, with the possible exception of losing a
child under really violent, prolonged circumstances.”

Tyre Nichols' mother on violent confrontation
Tyre Nichols' mother says her son was 80 yards from home when Memphis police
officers “murdered him” during a violent confrontation that happened during a
traffic stop. (Jan.23)

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Crump released a statement Tuesday saying that a forensic pathologist who was
hired by the family conducted an independent autopsy that showed extensive
internal bleeding. The statement did not state a cause of death or include the
independent pathologist’s report. The statement said further details would be
released later. Tennessee authorities have not released an autopsy of Nichols.

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Relatives have accused the police of causing Nichols to have a heart attack and
kidney failure. Authorities have only said that Nichols experienced a medical
emergency.

Release of the video could coincide with a decision on whether to charge five
Memphis Police Department who have been fired from the force for their
involvement in Nichols’ arrest, Mulroy said. He declined to comment about
whether charges are likely.

The Rev. J. Lawrence Turner — senior pastor of Mississippi Boulevard Christian
Church, Disciples of Christ — said he and other clergy have met with city
officials to discuss the Nichols case. Turner said it was important that charges
be brought against the officers, who should be treated “like any other citizen.”

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“If we were to commit a murder, and within hours be identified as a suspect, we
would be arrested and charges would be brought against us,” Turner said Tuesday.
“I don’t know why it takes another week and a half.”

Nichols’ family has agreed to investigators’ request to wait a week or two
before making the video public to “make sure to give this family what they want
most, and that is justice,” Crump said.

Mayor Jim Strickland and Police Chief Cerelyn “CJ” Davis had previously issued a
statement saying body camera footage would be made public after an internal
department investigation and after the family viewed it. The police department
finished its investigation Friday, which is when the officers were fired.

Mulroy acknowledged that some may have misunderstood the timing mentioned in the
mayor’s and police chief’s statement as an issue of “language and semantics” in
an emotionally charged situation.

ADVERTISEMENT


Two Memphis Fire Department employees have also been removed from duty while the
agency conducts an investigation into Nichols’ death. The employees were
involved in the initial patient care of Tyre Nichols, the Memphis Fire
Department said in a statement.

The fire department employees were “relieved of duty” last week while an
internal investigation is conducted, the agency said. No further information was
released.

Nichols’ death has led to three separate law enforcement investigations — and
five Black officers were fired last week after a police probe determined that
they used excessive force, and failed their duties to intervene and render aid.

Nichols was arrested after officers stopped him for reckless driving. The day
after the encounter, police said in a statement that “a confrontation occurred”
as officers approached the vehicle and Nichols ran; they said officers caught up
to him and that ”another confrontation occurred” while they were taking him into
custody. Police said Nichols complained of shortness of breath and was taken to
a hospital, where he died three days later.

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