Two U.S. senators have asked the Department of Justice to take tougher action against Boeing executives by holding them criminally accountable for safety issues that have impacted its airplanes.
In a letter dated Wednesday and sent to Attorney General Merrick Garland, Democratic Sens. Elizabeth Warren of Massachusetts and Richard Blumenthal of Connecticut said the department's past efforts to effect change at Boeing have failed “because of its continued refusal to criminally prosecute responsible individuals.”
(asterisk)For too long, corporate executives have routinely escaped prosecution for criminal misconduct. This coddling comes at the expense of customer and worker safety, and it must end,” the senators wrote. “We therefore urge you to carefully review the behavior and potential culpability of Boeing’s executives and hold criminally accountable any individuals that have promoted a culture at the company that disregards passenger safety in violation of federal laws and regulations.”
Boeing declined by email to comment.
The senators' letter comes ahead of a federal hearing next week over Boeing’s agreement to plead guilty to conspiracy in connection with the 737 Max jetliner, two of which crashed, killing 346 people.
Families of some of the passengers killed in the crashes object to the agreement. They want to put Boeing on trial, where it could face tougher punishment.
The Justice Department argued in court filings that conspiracy to defraud the government is the most serious charge it can prove. Prosecutors said they lack evidence to show that Boeing’s actions caused the crashes in 2018 in Indonesia and 2019 in Ethiopia.
Relatives of victims and their lawyers have called the settlement a sweetheart deal that fails to consider the loss of so many lives. Some of the lawyers have argued that the Justice Department treated Boeing gently because the company is a big government contractor.
The agreement calls for Boeing to pay a fine of at least $243.6 million, invest $455 million in compliance and safety programs, and be placed on probation for three years.
Boeing — which is also grappling with a nearly three-week-long strike of 33,000 machinists — has faced a series of safety concerns in the past year.
Just last week, federal safety investigators issued urgent recommendations to Boeing and the Federal Aviation Administration after determining pedals that pilots use to steer 737 Max jetliners on runways can become jammed because moisture can leak into a rudder assembly and freeze.
And earlier this year, a door plug blew off a 737 Max minutes after an Alaska Airlines flight took off from Portland, Oregon, leaving a gaping hole in the plane and creating decompression so violent that it blew open the cockpit door and tore off the co-pilot’s headset. The plug had been opened at a Boeing factory to let workers fix damaged rivets, but bolts that help secure the panel were not replaced when the plug was closed.
There were no major injuries, and the pilots were able to return to Portland and land the plane safely.
FILE -Sen. Richard Blumenthal, D-Conn., speaks during a news conference on Capitol Hill, Tuesday, Feb. 1, 2022, in Washington. U.S. senators Elizabeth Warren and Richard Blumenthal have asked the Department of Justice to take tougher action against Boeing executives by holding them criminally accountable for safety issues that have impacted its airplanes, Thursday, Oct. 3, 2024. (AP Photo/Evan Vucci, File)
FILE -Sen. Elizabeth Warren, D-Mass., speaks during the Senate Armed Services Subcommittee on Personnel hearing to examine the status of Department of Defense recruiting efforts and plans for fiscal year 2024, on Capitol Hill in Washington Wednesday, Dec. 6, 2023, U.S. senators Elizabeth Warren and Richard Blumenthal have asked the Department of Justice to take tougher action against Boeing executives by holding them criminally accountable for safety issues that have impacted its airplanes, Thursday, Oct. 3, 2024. (AP Photo/Jose Luis Magana, File)
FILE - A Boeing 737 Max jet prepares to land at Boeing Field following a test flight in Seattle, Sept. 30, 2020. Two U.S. senators have asked the Department of Justice to take tougher action against Boeing executives by holding them criminally accountable for safety issues that have impacted its airplanes, Thursday, Oct. 3, 2024. (AP Photo/Elaine Thompson, File)
MEMPHIS, Tenn. (AP) — Three former Memphis police officers were convicted Thursday in the 2023 fatal beating of Tyre Nichols, but were acquitted of the harshest charges they faced for a death that sparked national protests and calls for broad changes in policing.
Jurors deliberated for about six hours before coming back with the mixed verdict for Tadarrius Bean, Demetrius Haley and Justin Smith.
All were convicted of witness tampering related to the cover-up of the beating, but Bean and Smith were acquitted of civil rights charges. Haley was acquitted of violating Nichols’ civil rights causing death, but convicted of the lesser charge of violating his civil rights causing bodily injury. He was also convicted of a conspiracy to witness tamper charge that the others were acquitted of.
The court remained silent as the verdicts were read.
The judge ordered all three officers to be taken into custody. He planned to hold a hearing Monday to hear from the defense lawyers about releasing them pending sentencing. The witness tampering charges carry possible sentences of up to 20 years in prison. The civil rights charge against Haley carries up to 10 years in prison. They had faced up to life in prison if convicted on the harshest charges.
The verdict marked a partial setback for prosecutors who were unable to land a conviction for civil rights violations for two officers who played an active role in the encounter. Jurors repeatedly watched graphic clips from police video that showed the officers punch and kick Nichols and hit him with a police baton just steps from his home, as the 29-year-old called out for his mother.
In a statement, Assistant U.S. Attorney General Kristen Clarke, who oversees the Justice Department’s civil rights division, said “Tyre Nichols should be alive today.”
“We hope this prosecution provides some measure of comfort as the law enforcement officers tied to his death have been held accountable,” Clarke said.
Bean and Smith were seen on video wrestling with Nichols and holding his arms, while also hitting him, but the jury was not convinced those actions amounted to civil rights violations. An FBI agent said Smith told him he punched Nichols, but defense lawyers argued Bean and Smith were merely slapping Nichols’ hands away as they tried to put handcuffs on him.
Rodney Wells, Nichols’ stepfather, told The Associated Press outside the courtroom: “A win is a win. They’re all going to jail.”
Five officers were charged in Nichols’ death, but two pleaded guilty and testified against members of their old crime suppression unit.
Prosecutors argued that Nichols was beaten for running from a traffic stop, saying it was part of a common police practice referred to in officer slang as a “street tax” or “run tax. ” They said the officers lied — to a supervisor, to medical professionals attending to Nichols and in required written reports — about the extent of the force they used.
“This has been a long journey for our family," RowVaughn Wells, Nichols' mother, told reporters. "I’m actually in shock right now because I still can’t believe all the stuff that’s going on. But we’re happy that they all have been convicted and they have been arrested.”
Smith's lawyer declined comment. Attorneys for Bean and Haley did not respond to requests for comment.
Nichols, who was Black, ran from the traffic stop despite being hit with pepper spray and a Taser. The five officers, who were fired after the beating, also are Black.
Some of the most emotional testimony at trial came from one of the officers, Desmond Mills, who took a plea deal in which prosecutors call for up to 15 years in prison. He testified in tears that he was sorry, that he left Nichols’ young son fatherless and that he wishes he stopped the punches. Later, he testified that he went along with a cover-up in hopes that Nichols would survive and the whole thing would “blow over.”
Nichols died Jan. 10, 2023, three days after the beating. His son is now 7 years old.
The other officer who reached a deal with prosecutors, Emmitt Martin, testified that Nichols was “helpless” while officers pummeled him, and that afterward the officers understood “they weren’t going to tell on me, and I wasn’t going to tell on them.” Under his plea agreement, prosecutors will suggest a prison sentence of up to 40 years.
Defense attorneys sought to portray Martin as a principal aggressor. Martin testified Nichols was not a threat, yet he acknowledged punching and kicking Nichols in the head.
Mills' lawyer declined comment. Martin's attorney did not immediately respond to a phone message.
The police video shows the officers milling about and talking as Nichols struggles with his injuries. An autopsy report shows he died from blows to the head. The report describes brain injuries, and cuts and bruises on his head and other areas.
With the federal criminal trial complete, other investigations and court action still aren't settled.
The five officers also have been 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.
The U.S. Department of Justice is conducting a “patterns and practices” investigation into how Memphis officers use force and conduct arrests, and whether the department in the majority-Black city engages in racially discriminatory policing.
The Justice Department also has a separate review concerning use of force, de-escalation strategies and specialized units within Memphis police.
Pastor Earle Fisher, a Memphis activist who has long called for investigations of the city's police, said he hopes the probes "provide for us the remedies we so rightly deserve.”
Additionally, Nichols’ mother filed a $550 million lawsuit against the city and its police chief.
Ben Crump and Anthony Romanucci, lawyers for Nichols' family, said the verdicts “bring a measure of accountability for his senseless and tragic death.”
“Our fight for justice for Tyre is far from over,” the lawyers said in a joint statement.
Mattise reported from Nashville, Tennessee. Associated Press reporter Travis Loller also contributed from Nashville.
Attorney Ben Crump, left, speaks during a news conference with RowVaughn Wells, center, and Rodney Wells, right, parents of Tyre Nichols, outside the federal courthouse after three former Memphis police officers were convicted of witness tampering charges in the 2023 fatal beating of their son Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Rodney Wells, right, stepfather of Tyre Nichols, speaks during a news conference with his wife RowVaughn Wells, center, and attorney Ben Crump, left, outside the federal courthouse after three former Memphis police officers were convicted of witness tampering charges in the 2023 fatal beating of their son Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Attorney Ben Crump speaks during a news conference outside the federal courthouse after three former Memphis police officers were convicted of witness tampering charges in the 2023 fatal beating of Tyre Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
RowVaughn Wells, second from right, mother of Tyre Nichols, speaks during a news conference outside the federal courthouse after three former Memphis police officers were convicted of witness tampering charges in the 2023 fatal beating of Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
RowVaughn Wells, mother of Tyre Nichols, leaves the federal courthouse after three former Memphis police officers were convicted of witness tampering charges in the 2023 fatal beating of Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Attorney Ben Crump, left, RowVaughn Wells, right, leave the federal courthouse after three former Memphis police officers were convicted of witness tampering charges in the 2023 fatal beating of Tyre Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Attorney Ben Crump, left, and RowVaughn Wells, second from left, mother of Tyre Nichols, leave the the federal courthouse after three former Memphis police officers were convicted of witness tampering charges in the 2023 fatal beating of Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
A sign is seen outside the federal courthouse during the trial of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Demetrius Haley, left, one of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichols, arrives at the federal courthouse with his attorney Michael Stengel, right, for the day's proceedings Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Tadarrius Bean, one of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichols, arrives at the federal courthouse for the day's proceedings Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Justin Smith, left, one of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichols, arrives at the federal courthouse with his attorney Martin Zummach, right, for the day's proceedings Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Tadarrius Bean, one of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichols, arrives at the federal courthouse for the day's proceedings Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Demetrius Haley, left, one of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichols, arrives at the federal courthouse with his attorney Michael Stengel, right, for the day's proceedings Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Justin Smith, one of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichols, arrives at the federal courthouse for the day's proceedings Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
RowVaughn Wells, right, is comforted during a prayer vigil outside the federal courthouse as jury deliberations begin for the trial of three former Memphis police officers charged in the 2023 fatal beating of her son, Tyre Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Family and friends of Tyre Nichols gather for a prayer vigil outside the federal courthouse as jury deliberations begin for the trial of three former Memphis police officers charged in the 2023 fatal beating of Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Jamal Dupree, left, and La'Toya Yizar, right, comfort each other during a prayer vigil outside the federal courthouse as jury deliberations begin for the trial of three former Memphis police officers charged in the 2023 fatal beating of their brother, Tyre Nichols, Thursday, Oct. 3, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Family and friends of Tyre Nichols, pray before entering the federal courthouse for the trial of three former Memphis police officers charged in the 2023 fatal beating of Nichols, Wednesday, Oct. 2, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Justin Smith, one of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichol, arrives at the federal courthouse for the day's proceedings on Tuesday, Oct. 1, 2024, in Memphis, Tenn. (AP Photo/Karen Pulfer Focht)
Justin Smith, one of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichols, arrives at the federal courthouse for the day's proceedings Wednesday, Oct. 2, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Tadarrius Bean one of three former Memphis police officers charged in the 2023 fatal beating of Tyre Nichols, arrives at the federal courthouse for the day's proceedings Wednesday, Oct. 2, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
Friends and family of Tyre Nichols gather to pray before entering the federal courthouse for the trial of three former Memphis police officers charged in the 2023 fatal beating Nichols, Wednesday, Oct. 2, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
RowVaughn Wells, left, mother of Tyre Nichols, prays with family and friends before entering the federal courthouse for the trial of three former Memphis police officers charged in the 2023 fatal beating of her son Wednesday, Oct. 2, 2024, in Memphis, Tenn. (AP Photo/George Walker IV)
