According to evidence presented to the state, Preston Hemphill, the sixth Memphis Police officer dismissed in the Tyre Nichols investigation, lied in his testimony following the fatal traffic stop.
In documents filed following a disciplinary hearing, Hemphill stated that while Tyre Nichols was stopped for allegedly driving recklessly and at a high rate of speed, Hemphill never witnessed the claimed traffic violation.
Former Memphis Police Lied About Tyre Nichols' Arrest
As Nichols attempted to flee the scene of the initial traffic stop at Ross and Raines on January 7, Hemphill discharged his Taser. According to the files, Nichols was unarmed, did not begin physical assault or verbal threats, and posed no immediate danger. The papers indicate that Hemphill discharged his Taser for three seconds in the middle of traffic on a fleeing person, in breach of policy, WREG reported.
According to the documents, Hemphill also alleged that Nichols attempted to seize another officer's pistol, but no video footage was discovered to verify this claim. Hemphill informed his supervisors that Nichols was fighting, but video footage showed Nichols fleeing as cops attempted to apprehend him.
Hemphill was discharged on January 8 and terminated on February 3. The MPD has requested a state body to decertify Hemphill. The former Memphis officer has not been legally prosecuted for the incident. Five other police have been terminated and face criminal charges, including second-degree murder, concerning Nichols' death. The prosecutor analyzes all of their current and past cases.
Hemphill stated on an incident report form that Nichols attempted to seize his partner's duty weapon, according to a Memphis Police decertification letter given to the Tennessee Peace Officer Standards and Training Commission (POST). The revelation in January of a video of 29-year-old Nichols being repeatedly punched and kicked by police shocked a nation used to seeing recordings of police brutality, particularly against people of color.
Nichols passed away in the hospital days after the assault. This week, letters of decertification for five additional officers involved in Nichols' murder noted that the officers' stories were "not consistent with each other and are not compatible with the publicly known injuries and death of Nichols," according to the records.
The paper states that Hemphill was allowed to check his version and informed investigators that the information was accurate. If the state grants the decertification, Hemphill would be prohibited from working for other state law enforcement agencies, per WPSD. Lee Gerald, Hemphill's attorney, stated that he and his client disagree with his firing, but they are working on the inquiry.
Tyre Nichols Death Investigation
According to the district attorney, the remaining five terminated officers will be arraigned the following week on seven counts each, including second-degree murder, aggravated assault, aggravated kidnapping with bodily injury, aggravated kidnapping in possession of a deadly weapon, official misconduct, and official oppression.
The district attorney's office for Shelby County announced Thursday that it would evaluate all prior cases involving the five retired police officers. The number of instances this will include is unknown.
According to internal police documents, all five officers - Demetrius Haley, Tadarrius Bean, Emmitt Martin III, Justin Smith, and Desmond Mills Jr. - were also charged internally with violating the department's policies on personal conduct, neglect of duty, excessive or unnecessary force, and use of body-worn cameras. The allegations are not of a criminal character.
Personnel files reveal that some terminated officers had earned written reprimands or brief suspensions for policy violations during their service with the agency.
Haley was involved in an incident in November 2021 in which another officer received a sustained complaint for "excessive/unnecessary force" after a female suspect dislocated her shoulder. Haley was not charged with force by the department, but he was chastised for failing to document his participation in the detention.
Mills was reprimanded in 2019 for failing to file paperwork after using physical force on a suspect. According to the summary of his hearing, Mills used force to get the woman to the ground so she could be handcuffed.
Multiple news agencies reported on Thursday that all of the previous cases of the five Memphis police officers involved in the killing of Tyre Nichols, who were members of the defunct Scorpion team, will be investigated. CNN quotes Shelby County District Attorney Steven Mulroy saying, "The office will evaluate all previous cases, both closed and pending."
Although only five officers have been charged thus far, the Memphis Police Department has terminated a sixth officer and suspended a seventh officer engaged in the arrest. Two emergency medical technicians (EMTs) and a lieutenant were also let go by the Memphis Fire Department. The Tennessee Emergency Medical Services Board has also revoked the licenses of the two EMTs.
Related Article: Memphis Police Took, Shared Tyre Nichols' Photos While Beaten
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