MEMPHIS, Tenn. (AP) — There was “no need” for five Memphis police officers to punch, kick, and hit Tyre Nichols with a baton on the night he was fatally beaten after a traffic stop, their former supervisor testified Thursday in the federal trial for three of the officers.
Dewayne Smith told the court he was a Memphis police lieutenant who supervised Scorpion Unit One, which included Tadarrius Bean, Demetrius Haley and Justin Smith. He testified that the officers did not tell him that they had beaten Nichols when he spoke to them at the scene after it happened.
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MEMPHIS, Tenn. (AP) — There was “no need” for five Memphis police officers to punch, kick, and hit Tyre Nichols with a baton on the night he was fatally beaten after a traffic stop, their former supervisor testified Thursday in the federal trial for three of the officers.
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 - 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)
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 Demetrius Haley leaves the federal courthouse after the first day of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Former Memphis police officer Justin Smith leaves the federal courthouse after the first day of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Dewayne Smith said he went to Nichols’ home nearby to determine if Nichols used drugs, after officers told him, without evidence, that Nichols was high when they pulled him out of his car.
The former supervisor said he also speculated that Nichols could have been on a hallucinogen or PCP and in a state of “excited delirium” — a controversial diagnosis sometimes used to justify excessive force — because he overpowered larger officers who hit him with pepper spray.
Nichols died Jan. 10, 2023, three days after the beating. An autopsy report shows Nichols — the father of a boy who is now 7 — died from blows to the head. The report describes brain injuries, and cuts and bruises on his head and elsewhere on his body. According to the autopsy, only low amounts of ethanol — or drinking alcohol — and tetrahydrocannabinol, or THC, were detected in Nichols’ system. THC is found in marijuana.
Dewayne Smith watched video of the beating with jurors, who have seen it several times during more than a week of testimony. Asked if the beating was consistent with his expectations of his officers, Smith told Prosecutor Kathryn Gilbert, “That wasn’t called for."
Smith became the officers' supervisor in late 2022, he said. He was allowed to retire in March 2023 “in lieu of termination,” he said.
Prosecutors have said Memphis police would punish people with force for running away from them, a practice known as a “run tax” or a “street tax.” Under cross examination, Smith told Michael Stengel, Haley’s defense lawyer, that he never had complaints of his team using the practice.
Haley, Bean and Justin Smith pleaded not guilty to federal charges of excessive force, failure to intervene, and obstructing justice through witness tampering.
The Memphis Police Department fired the three, along with Emmitt Martin III and Desmond Mills Jr., after Nichols’ death. The officers were later indicted on the federal charges. Martin and Mills have taken plea deals.
All five were members of the Scorpion Unit, which looked for drugs, illegal guns and violent offenders. The unit was disbanded after Nichols' death.
The Associated Press analyzed what the officers claimed happened on the night of the beating compared to video of the incident. The AP sifted through hundreds of pages of evidence and hours of video from the scene, including officer body cameras.
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.
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)
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 - 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)
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 Demetrius Haley leaves the federal courthouse after the first day of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Former Memphis police officer Justin Smith leaves the federal courthouse after the first day of jury selection of the trial in the Tyre Nichols case Monday, Sept. 9, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
COLUMBIA, S.C. (AP) — South Carolina put inmate Freddie Owens to death Friday as the state restarted executions after an unintended 13-year pause because prison officials couldn’t get the drugs needed for lethal injections.
Owens was convicted of the 1997 killing of a Greenville convenience store clerk during a robbery. While on trial, Owens killed an inmate at a county jail. His confession to that attack was read to two different juries and a judge who all sentenced him to death.
When the curtain to the death chamber opened, Owens, 46, was strapped to a gurney, his arms stretched to his sides. Owens made no final statement, but after the drug was administered, he said “bye” to his lawyer and she said “bye" to him.
He smiled slightly and his facial expression did not change much before he appeared to lose consciousness after about a minute. Then his eyes closed and he took several deep breaths. His breathing got shallower and his face twitched for another four or five minutes before the movements stopped.
A doctor came in and declared him dead a little over 10 minutes later at 6:55 p.m.
Owens' last-ditch appeals were repeatedly denied, including by a federal court Friday morning. Owens also petitioned for a stay of execution from the U.S. Supreme Court. South Carolina's governor and corrections director swiftly filed a reply, stating the high court should reject Owens' petition. The filing said nothing is exceptional about his case.
The high court denied the request shortly after the scheduled start time of the execution.
His last chance to avoid death was for Republican South Carolina Gov. Henry McMaster to commute his sentence to life in prison. McMaster denied Owens' request as well, stating that he had “carefully reviewed and thoughtfully considered” Owens' application for clemency.
McMaster said earlier that he would follow historical tradition and announce his decision minutes before the lethal injection begins when prison officials call him and the state attorney general to make sure there is no reason to delay the execution. The former prosecutor had promised to review Owens’ clemency petition but has said he tends to trust prosecutors and juries.
Owens may be the first of several inmates to die in the state's death chamber at Broad River Correctional Institution. Five other inmates are out of appeals and the South Carolina Supreme Court has cleared the way to hold an execution every five weeks.
South Carolina first tried to add the firing squad to restart executions after its supply of lethal injection drugs expired and no company was willing to publicly sell them more. But the state had to pass a shield law keeping the drug supplier and much of the protocol for executions secret to be able to reopen the death chamber.
To carry out executions, the state switched from a three-drug method to a new protocol of using just the sedative pentobarbital. The new process is similar to how the federal government kills inmates, according to state prison officials.
South Carolina law allows condemned inmates to choose lethal injection, the new firing squad or the electric chair built in 1912. Owens allowed his lawyer to choose how he died, saying he felt if he made the choice he would be a party to his own death and his religious beliefs denounce suicide.
Owens changed his name to Khalil Divine Black Sun Allah while in prison but court and prison records continue to refer to him as Owens.
Owens was convicted of killing Irene Graves in 1999. Prosecutors said he fired a shot into the head of the single mother of three who worked three jobs when she said she couldn't open the store's safe.
But hanging over his case is another killing: After his conviction, but before he was sentenced in Graves’ killing, Owens fatally attacked a fellow jail inmate, Christopher Lee.
Owens gave a detailed confession about how he stabbed Lee, burned his eyes, choked and stomped him, ending by saying he did it “because I was wrongly convicted of murder,” according to the written account of an investigator.
That confession was read to each jury and judge who went on to sentence Owens to death. Owens had two different death sentences overturned on appeal only to end up back on death row.
Owens was charged with murder in Lee's death but was never tried. Prosecutors dropped the charges with the right to restore them in 2019 around the time Owens ran out of regular appeals.
In his final appeal, Owens' lawyers said prosecutors never presented scientific evidence that Owens pulled the trigger when Graves was killed and the chief evidence against him was a co-defendant who pleaded guilty and testified that Owens was the killer.
Owens’ attorneys provided a sworn statement two days before the execution from Steven Golden saying Owens was not in the store, contradicting his trial testimony. Prosecutors said other friends of Owens and his former girlfriend testified that he bragged about killing the clerk.
“South Carolina is on the verge of executing a man for a crime he did not commit. We will continue to advocate for Mr. Owens,” attorney Gerald “Bo” King said in a statement.
Owens' lawyers also said he was just 19 when the killing happened and that he had suffered brain damage from physical and sexual violence while in a juvenile prison.
South Carolinians for Alternatives to the Death Penalty plans a vigil outside the prison about 90 minutes before Owens is scheduled to die.
South Carolina’s last execution was in May 2011. It took a decade of wrangling in the Legislature — first adding the firing squad as a method and later passing a shield law — to get capital punishment restarted.
South Carolina has put 43 inmates to death since the death penalty was restarted in the U.S. in 1976. In the early 2000s, it was carrying out an average of three executions a year. Only nine states have put more inmates to death.
But since the unintentional execution pause, South Carolina’s death row population has dwindled. The state had 63 condemned inmates in early 2011. It now has 31 after Owens' death Friday. About 20 inmates have been taken off death row and received different prison sentences after successful appeals. Others have died of natural causes.
Rev. Hillary Taylor protests the planned execution of Freddie Eugene Owens, 46, on Friday, Sept. 20, 2024, in Columbia, S.C. Owens is set to be the first person to be executed in South Carolina in 13 years. (AP Photo/Chris Carlson)
A demonstrators protests the planned execution of Freddie Eugene Owens, 46, on Friday, Sept. 20, 2024, in Columbia, S.C. Owens is set to be the first person to be executed in South Carolina in 13 years. (AP Photo/Chris Carlson)
Jesse Motte, right, protests the planned execution of Freddie Eugene Owens, 46, on Friday, Sept. 20, 2024, in Columbia, S.C. Owens is set to be the first person to be executed in South Carolina in 13 years. (AP Photo/Chris Carlson)
Rev. Hillary Taylor protests the planned execution of Freddie Eugene Owens, 46, on Friday, Sept. 20, 2024, in Columbia, S.C. Owens is set to be the first person to be executed in South Carolina in 13 years. (AP Photo/Chris Carlson)
South Carolinians for Alternatives to the Death Penalty Executive Director Rev. Hillary Taylor speaks at a news conference before delivering petitions to stop the execution of Freddie Owens at the South Carolina Statehouse in Columbia, S.C., Thursday, Sept. 19, 2024. (AP Photo/Jeffrey Collins)
South Carolina prepares for first execution in 13 years
South Carolinians for Alternatives to the Death Penalty Executive Director Rev. Hillary Taylor speaks at a news conference before delivering petitions to stop the execution of Freddie Owens at the South Carolina Statehouse in Columbia, S.C., Thursday, Sept. 19, 2024. (AP Photo/Jeffrey Collins)
South Carolina prepares for first execution in 13 years
