MEMPHIS, Tenn. (AP) — A former Memphis police officer standing trial in the fatal beating of Tyre Nichols is a kind-hearted, humble person who did his job “by the book,” a friend from the police academy testified Friday.
Bryant McKinney, who graduated from the Memphis police academy with Tadarrius Bean in January 2021, took the stand in the federal trial of Bean, Demetrius Haley and Justin Smith. They have pleaded not guilty to charges of excessive force, failure to intervene, and obstructing justice through witness tampering in the the January 2023 beating of Nichols.
Attorneys for the officers began presenting their case Thursday, after prosecutors presented weeks of testimony, including from two other former officers, Emmitt Martin III and Desmond Mills Jr., who have pleaded guilty to depriving Nichols of his civil rights.
McKinney said he was a patrolman at the same time Bean was also a patrolman with the Memphis Police Department. He said Bean put others before himself and did things “by the book” as an officer.
“I can attest to the humility and kind-heartedness,” of Bean, said McKinney, who testified that he served on the force for six months before moving on to a corporate security job.
Police video shows the officers used pepper spray and a Taser on Nichols, who was Black, during a traffic stop, but the 29-year-old ran away,. The five officers, who also are Black, then punched, kicked and hit him about a block from his home, as he called out for his mother. Video also shows the officers milling about and even laughing as Nichols struggled with his injuries.
Nichols died in the hospital on Jan. 10, 2023, three days after the beating.
Prosecutor Kathryn Gilbert asked McKinney if his opinion would change if he knew that Bean held a person’s hands as another officer struck him in the face or that he laughed and didn’t help as the person struggled with their injuries.
McKinney said he could not “pass judgement on a situation he was not fully aware of.”
Another defense witness, former Memphis officer Garrett O’Brien, testified that he helped train Memphis officers on ground fighting and defensive tactics. He said certain strikes to the head, such as palm strikes, that are not meant to kill someone can be used as a defensive tactic.
Jurors have repeatedly watched video of the traffic stop and the beating, but attorneys have not been allowed to ask witnesses to directly interpret what they see in the footage. Instead, attorneys have presented hypothetical situations to witnesses, including experts, that match what’s seen in the video.
One use-of-force expert, John Tisdale, testified that an officer in Bean’s situation would not face discipline from him if the officer had been affected by pepper spray, run a significant distance while wearing heavy gear, and “slapped” the hands of a person who did not want to be handcuffed.
Bean’s lawyers have maintained that he only punched Nichols’ hands in efforts to handcuff Nichols while Nichols was on the ground. Prosecutors have said that Bean punched Nichols in the head.
Tisdale retired as police chief of Gallatin, Tennessee, in 2011. He was investigated by the Tennessee Bureau of Investigation for misusing a criminal database to conduct a background check as part of a civil case in which he was testifying as an expert witness.
The five officers also have been charged with second-degree murder in state court, where they pleaded not guilty. Mills and Martin are expected to change their pleas. A trial date in state court has not been set.
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