MEMPHIS, Tennessee — Defense attorneys attempted to poke holes in officer training practices and policies during questioning of a police lieutenant Monday at the trial of three former Memphis officers accused of federal civil rights violations in the fatal assault by Band Nichols.
Larnce Wright testified for his third day in the federal trial of Tadarrius Bean, Demetrius Haley and Justin Smith in Memphis. Wright trained the officers and two others who arrangements made in the case. He testified about the department’s policies and the use of force, handcuffs and other techniques used by officers.
The three have pleaded not guilty to charges of depriving Nichols of his rights through excessive force and failure to intervene, and obstructing justice through witness tampering. Emmitt Martin and Desmond Mills Jr. have already pleaded guilty to civil rights violations in Nichols’ death and are expected to testify for prosecutors.
Nichols, who was black, died on January 10, 2023, three days after the assault. Police video shows five officers, who are also black, beating Nichols as he screams for his mother, a block from her home. Video also shows the officers standing around and talking as Nichols struggles with his injuries.
Wright testified about the distinction between active and passive resistance. He said passive resistance involves someone refusing to give the officers their hands in order to be handcuffed by retreating, while active resistance involves someone hitting and kicking the officers.
Martin Zummach, Smith’s attorney, asked Wright where in the police’s extensive training manual the definition of active or passive resistance is found. Wright acknowledged that those definitions are not in the manual.
Wright also testified that handcuffs can be used as a deadly weapon. Officers had difficulty handcuffing Nichols, and Zummach noted that Smith managed to place one handcuff on Nichols and attempted to place another.
Zummach asked Wright a question: If a suspect rips off an officer’s handcuffed hand, can that be used as a deadly weapon, and can deadly force be used? Wright said it could.
“Until a suspect is in handcuffs, no one is safe. Would you agree with that?” Zummach asked. Wright said, “Yes.”
Kevin Whitmore, Bean’s attorney, asked Wright if poor training, fatigue and the effects of pepper spray could affect an officer’s performance. Wright said they could. When Whitmore asked if officers are trained to “stay in the fight” until they have someone handcuffed and arrested, Wright said they are.
“It’s a dirty job,” Wright said.
Wright began testifying on Thursdaywhen he said officers should have used armbars, wrist locks and other soft-handed tactics to restrain Nichols. He also testified that officers have a duty to physically intervene or call a supervisor to the scene if the officer sees another officer using more force than necessary.
He testified on Friday that the three violated department rules when they failed to notice that they were hitting and kicking Band Nichols on the required forms filed after the assault.
An autopsy report found that Nichols — the father of a boy who is now 7 — died from blows to the head. The report described brain injuries, and cuts and bruises on his head and other areas.
All five officers belonged to the now-defunct Scorpion Unit crime-fighting team and were fired for violating Memphis Police Department regulations.
They were also charged with second-degree murder in state court, where they pleaded not guilty, though Mills and Martin are expected to change their pleas. No trial date has been set for the state court.
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Associated Press reporter Jonathan Mattise contributed from Nashville, Tennessee.