Fired officer won't be criminally charged in Tyre Nichols stop

The former Memphis police officer who initiated the January traffic stop of 29-year-old Tyre Nichols, the beginning of a police encounter in which the Black man was beaten to death, will face no charges, the Shelby County District Attorney's office announced Tuesday.  

Former officer Preston Hemphill "did not pursue Tyre Nichols and never left the initial scene" and "was not present for the later beating incident," DA Steve Mulroy said in a statement.

The office added that not charging Hemphill does mean the office endorses Hemphill’s conduct, and that he has been added to the office’s Giglio list, which contains the names and details of law enforcement officers who have been caught in incidents of deceit, criminal convictions or other types of issues that question their credibility. 

"We understand that this individual has been fully cooperating with the investigation and has promised to provide substantial cooperation going forward,” attorneys for Nichols’s family said in a statement. 

“In light of this we are supportive of no charges for this individual. It is our deepest hope and expectation that justice will be served fully and that all who had a role to play in this senseless tragedy will be held accountable.”

Memphis police initially said Nichols was pulled over Jan. 10 for reckless driving, but Memphis Police Chief Cerelyn Davis later said there was no evidence to back this up. Nichols endured a brutal beating from five officers, leading to his death three days later. 

Hemphill, who is white, was fired from the Memphis police department in January. The five officers directly involved in the beating — Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith — were fired Jan. 20 and have since been charged with second-degree murder, two counts of official misconduct, two counts of aggravated kidnapping, one count of official oppression and one count of aggravated assault. 

All five of those officers are Black, and they have all pleaded not guilty. 

Graphic video footage released in January showed the traffic stop and the subsequent beating. The footage showed an unidentified white officer involved in the initial altercation. When Nichols escaped from the officer, the officer can be heard saying, “I hope they stomp his ass.” 

Hemphill’s attorney confirmed in January that some of the body camera footage released was from his client’s camera. Though Hemphill will avoid charges, the DA expects him to testify at trial.