Officers pummeled Tyre Nichols because he fled, a form of 'run tax,' prosecutor says

MEMPHIS, Tenn. (AP) — Three former Memphis police officers charged in the January 2023 beating death of Tyre Nichols stood by his body and laughed after they punched, kicked and struck him with a baton in an attack that a prosecutor says was punishment because he tried to run away.

The former officers are standing trial accused of federal civil rights violations. Assistant U.S. Attorney Elizabeth Rogers said during opening statements Wednesday that the officers were punishing Nichols for fleeing a traffic stop. She used the term “run tax” — police slang for disciplining a subject who tries to escape.

Rogers said the force they used did not match Nichols’ actions. She warned jurors they would see videos of the beating, including some that were publicly released weeks after Nichols died.

She also said officers just stood around during the “crucial” minutes when Nichols' heart stopped, when they could have helped him.

“You won’t see Tyre Nichols pose a threat to these officers at any time,” Rogers said.

Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to charges that they deprived the 29-year-old of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. Two others, Emmitt Martin III and Desmond Mills Jr., have already pleaded guilty to the federal charges. Rogers said Martin and Mills will testify.

Attorneys for the three begin crafting their defense Wednesday.

Bean's lawyer, John Keith Perry, said during opening statements that Nichols drove 2 miles (3 kilometers) after the officers put their blue lights on to stop him, did not comply with orders to give them his hands, and was “fighting like hell.” Perry said sky cop camera video would show Nichols acting suspiciously and evidence would show the officers are not guilty.

“The narrative you hear here will take you five minutes to deliberate on,” Perry said.

Nichols, who was Black, died Jan. 10, 2023, three days after the beating. Police video shows the five officers charged, who also are Black, beating Nichols as he yells for his mother about a block from her home. Video also shows the officers milling about and talking as Nichols struggles with his injuries.

“They stood by his dying body and laughed,” Rogers said.

Rogers said the officers were angry Nichols fled and that the pepper spray they used during the traffic stop had affected them too. They talked about hitting Nichols with “so many pieces” and “straight haymakers,” which is slang for punches, Rogers said.

The officers said Nichols was pulled over for reckless driving, but Memphis’ police chief has said there is no evidence to substantiate that claim. Rogers said Martin saw Nichols' car speed up to beat a red light and officers tried to stop him.

An autopsy report shows Nichols died from blows to the head and that the manner of death was homicide. The report describes brain injuries, and cuts and bruises on his head and other areas.

Haley's lawyer, Michael Stengel, said during his opening statements that the traffic stop became “high risk” because Nichols didn't quickly pull over, then stopped in a turning lane. When Haley pulled Nichols from the car, Haley told Nichols to “let go” of his gun, Stengel said.

Stengel said Haley, who was washing pepper spray from his eyes, arrived on the scene of the beating after the other officers had already hit Nichols several times.

Haley kicked Nichols once in the upper arm then called for an ambulance, Stengel said. Haley also took a photo of the injured Nichols and sent it to a few people, which Stengel said was “wrong” but “not a federal crime.”

Martin Zummach, Smith’s lawyer, told jurors Smith called for the fire department, asked Nichols if he was all right and noted he appeared to be struggling for oxygen. Zummach said the night “was full of choices.”

Nichols “chose to speed, to run, to argue, to push back, to pull back, to hide,” Zummach said.

Zummach said Smith will testify in his own defense.

All five officers belonged to the now disbanded Scorpion Unit crime suppression team and were fired for violating Memphis Police Department policies.

They were also charged with second-degree murder in state court, where they pleaded not guilty, although Mills and Martin are expected to change their pleas. A trial date in state court has not been set.

Rachael Love, a nurse practitioner, testified Wednesday that Nichols had no pulse for 25 minutes until it was restored at the hospital. A prolonged lack of a pulse means a patient could be suffering from a lack of oxygen to organs, including the brain.

Nichols mother saw her injured son in a hospital ICU bed, "took a few steps, screamed and collapsed,” Love said.

Nichols worked for FedEx, enjoyed skateboarding and photography, and was the father of a boy who is now 7 years old.

His family, their legal team and supporters prayed outside the courthouse during a break Wednesday afternoon.

“Our hope is that they’re found guilty and to show the world that my son was a good person and he wasn’t the criminal that they’re trying to make him out to be,” RowVaughn Wells, Nichols’ mother, told reporters.

Associated Press reporter Jonathan Mattise contributed from Nashville, Tennessee.

Former Memphis police officer Tadarrius Bean arrives at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

Former Memphis police officer Justin Smith arrives at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

Former Memphis police officer Tadarrius Bean, right, arrives at the federal courthouse with attorney John Keith Perry, right, for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

Former Memphis police officer Demetrius Haley arrives at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

RowVaughn Wells, left, and Rodney Wells, parents of Tyre Nichols, arrive at the federal courthouse before the start of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis. (AP Photo/George Walker IV)

FILE - The image from video released on Jan. 27, 2023, by the City of Memphis, shows Tyre Nichols during a brutal attack by five Memphis police officers on Jan. 7, 2023, in Memphis, Tenn. (City of Memphis via AP, File)

FILE - This combo of images provided by the Memphis, Tenn., Police Department shows, top row from left, officers Tadarrius Bean, Demetrius Haley, Emmitt Martin III, and bottom row from left, Desmond Mills Jr. and Justin Smith. (Memphis Police Department via AP, File)

Former Memphis police officer Justin Smith, left, and attorney Martin Zummach, right, arrive at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

Former Memphis police officer Demetrius Haley arrives at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

Former Memphis police officer Tadarrius Bean arrives at the federal courthouse for the second day of jury selection for the trial in the Tyre Nichols case Tuesday, Sept. 10, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)

Opening statements are set in the trial of 3 ex-Memphis officers charged in Tyre Nichols' death

Opening statements are set in the trial of 3 ex-Memphis officers charged in Tyre Nichols' death

FILE - The screen at the Smoothie King Center in New Orleans honors Tyre Nichols before an NBA basketball game between the New Orleans Pelicans and the Washington Wizards, Jan. 28, 2023. (AP Photo/Matthew Hinton, File)

Sidney Crosby and Leon Draisaitl have their contract extensions, Paul Maurice and the Florida Panthers have the Stanley Cup and a brief but busy summer of moving and shaking is over.

Now, back to hockey.

Less than 90 days since the Panthers beat the Edmonton Oilers in Game 7 of a thrilling final, training camps open around the league this week with plenty of questions before the puck drops next month on another season.

Boston goaltender Jeremy Swayman is the most prominent player left unsigned, camp in Columbus goes on in sorrow after the tragic death of Johnny Gaudreau and players and staff in Utah get a fresh start after the Coyotes relocated from Arizona to Salt Lake City. Colorado captain Gabriel Landeskog may be back, Washington winger T.J. Oshie may be gone and it's anyone's guess who will lift the Cup in June.

The Bruins traded 2023 Vezina Trophy-winning goalie Linus Ullmark to Ottawa, content to give the starting job to Swayman. One problem? He's a restricted free agent without a contract for the season.

“Those things just kind of sort themselves out as they do,” said teammate Brandon Carlo, who pointed to his own late arrival and that of fellow defenseman Charlie McAvoy in recent years as reasons not to be worried. “We have a lot of faith within our organization, in our management, to get the right deal done.”

Swayman, who turns 26 in late November, ranked fifth in the NHL with a .916 save percentage and eighth with a 2.53 goals-against average last season. He was being paid a team-friendly $3.475 million on a one-year contract and will get a raise — but how much and for how long?

“It’s obviously a balance of going back and forth,” Carlo said. “But I’ve had some conversations with Sway. He seems pretty encouraged and in a good mindset with it all, so as long as he’s feeling OK mentally, that’s all we really care about.”

Among the other unsigned players are Detroit's Moritz Seider two years removed from being rookie of the year, Dallas defenseman Thomas Harley and New Jersey forward Dawson Mercer. The Red Wings signed Lucas Raymond to a $64 million, eight-year contract Monday.

The Blue Jackets are getting back on the ice mere weeks after Johnny Gaudreau and younger brother Matthew died when they were struck by a driver of an SUV while riding bicycles on the eve of their sister's wedding. A candlelight vigil was held outside the arena in Columbus, players and team employees attended the tearful funeral and playing hockey was the furthest thing from anyone's mind.

Captain Boone Jenner and general manager Don Waddell hope the rink will serve as a refuge of sorts.

“We both agreed the quicker we can get guys back in the room together, the better it would be for everybody,” Waddell said. “We all mourn and heal differently, but I think as a team, being together like that is going to be critical for them to get moving forward.”

This is the team's second camp in recent years that follows the offseason death of a player. Goaltender Matiss Kivlenieks died in July 2021 of chest trauma from an errant fireworks mortar blast at the wedding of an assistant coach's daughter.

This will be the 45th training camp for the organization that was once the original Winnipeg Jets, then the Phoenix Coyotes and until earlier this year the Arizona Coyotes. It's the first and only season as the Utah Hockey Club after a move from the desert to Salt Lake City.

Ryan and Ashley Smith's Smith Entertainment Group now owns the team, keeping the same hockey operations staff, coaches, players and prospects but starting over with a clean slate in the record books like an expansion franchise.

“It’s a once-in-a-lifetime opportunity to play with a new organization," said Josh Doan, who's now with Utah after making his NHL debut with the team dad Shane captained for much of his career. “But to do it with all the guys you’ve been with and the people that you’re close with already is something that’s fun to do.”

Utah, which is expected to get permanent name and logo after the season, plays its first game Oct. 8 against Chicago at the downtown Delta Center, the home of the NBA's Jazz.

Six-time 30-goal scorer Max Pacioretty is the biggest player attending camp on a professional tryout agreement. Pacioretty is in Toronto, and agent Allan Walsh has said he expects the 35-year-old winger to sign a contract prior to the start of the season.

Others with the opportunity to earn a deal include Travis Dermott with defending Western Conference champion Edmonton; fellow defenseman Tyson Barrie with Calgary; 2020 and '21 Cup winner Tyler Johnson with Boston; and respected veteran forward Pierre-Edouard Bellemare with Colorado. Longtime New York Islanders enforcer Matt Martin is also back, hoping to stick around and get another contract.

Landeskog's next game will be his first in the NHL since lifting the Stanley Cup over his head when the Avalanche defeated the Lightning in Game 6 of the final in 2022. A nagging right knee injury and subsequent cartilage replacement surgery to attempt to fix the problem have cost the Swedish forward the past two seasons.

“Seeing him around the rink, obviously being more active on the ice, seeing the progressions he’s made from when we were here for playoffs previously, it’s awesome to see,” forward Logan O'Connor said.

Oshie has played through chronic back problems for years and said after Washington lost in the first round of the playoffs he would only return if he and doctors could come up with a solution that keeps him in the lineup. The Capitals seem to have prepared for life without Oshie, but it is not clear if the 37-year-old who was part of their 2018 Cup run intends to try to keep playing.

AP Hockey Writer John Wawrow, AP Sports Writer Pat Graham and AP freelance writer W.G. Ramirez contributed.

AP NHL: https://apnews.com/hub/nhl

Columbus Blue Jackets line up at their blue line for the national anthem with Boston Bruins before the Sabres Prospects Challenge hockey game in Buffalo, N.Y., Saturday, Sept. 14, 2024. (AP Photo/John Wawrow)

FILE - Boston Bruins' Jeremy Swayman makes a glove save during the third period in Game 6 of an NHL hockey Stanley Cup second-round playoff series against the Florida Panthers, May 17, 2024, in Boston. (AP Photo/Michael Dwyer, File)