Lt DeWayne Smith: Cop who heard Tyre Nichols say 'can't breath' retired with benefits a day before his termination hearing
MEMPHIS, TENNESSEE: According to documents filed to revoke his law enforcement certification, a Memphis police supervisor on the scene when Tyre Nichols was beaten to death by officers, retired with his benefits the day before a hearing to fire him. The officer in question, Lt DeWayne Smith, was identified in records obtained by the news outlets as the individual who retired before his termination hearing.
Seven other Memphis officers were fired after Nichols died following a traffic stop on January 7 and five of them are charged with second-degree murder. Some Memphis City Council members were upset that Lt Smith was allowed to retire before steps could be taken to fire him, including the council’s vice-chairman JB Smiley Jr, who said it didn’t seem fair that the then-unidentified officer could keep his pension and other benefits. “I just don’t like the fact that his parents are paying this officer to go on and live and that’s troubling,” Smiley said as per an AP report.
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'Cowardly sidestep the consequences of his actions'
The attorney for Nichols’ family, Ben Crump, said the department should not have let Lt Smith “cowardly sidestep the consequences of his actions” and retire after 25 years. “We call for Memphis police and officials to do everything in their power to hold Lt Smith and all of those involved fully accountable,” Crump said.
"Anybody who had anything to do with the brutal killing of Tyre Nichols should be held fully accountable and should not be given any kind of special exit plan want whatsoever,” said Crump according to Action News 5.
Smith heard Nichols say 'I can’t breathe' as he was propped up against a squad car
The decertification documents against Lt Smith reveal additional details about his actions that night. Smith heard Nichols say “I can’t breathe” as he was propped up against a squad car but failed to get him medical care or remove his handcuffs, according to the report. Smith also didn’t get reports from other officers about using force and told Nichols’ family he was driving under the influence, even though there was no information to support a charge, the documents said, according to the report.
Smith decided without evidence that Nichols was on drugs
Investigators said Smith decided without evidence that Nichols was on drugs or drunk and video captured him telling Nichols “you done took something” when he arrived at the scene. Additionally, Smith did not wear his body camera, violating police department policy. His actions were captured on the body cameras of other officers, documents said. The US Department of Justice is currently reviewing the Memphis Police Department policies on the use of force, de-escalation strategies, and specialized units in response to Nichols’ death.
