What is second-degree murder? Here's why Tyre Nichols' alleged killers are NOT first-degree offenders
MEMPHIS, TENNESSEE: Five former Memphis Police officers were fired as a result of Tyre Nichols' death and on Thursday, January 26, all of them were accused of second-degree murder. The court records reveal that the defendants were accused of conspiring, two counts of aggravated kidnapping, two counts of official misconduct, and one count of official oppression.
However, not many know why the alleged killers are not charged with first-degree murder but second-degree murder. This is a big question since they beat Nichols in such a horrific way that resulted in his death in three days. Moreover, this murder case has caught nationwide attention, therefore, we'll try simplifying the answer here.
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What is a second-degree murder charge?
The unlawful killing of another person without any prior thought or preparation constitutes second-degree murder. The defendant might have wanted to hurt people, but they shouldn't assume they tried to kill them. The act must have been done with malice aforethought to be considered a second-degree crime. Compared to first-degree murder, second-degree murder carries a lesser sentence. You cannot be executed if you are found guilty of second-degree murder, according to Cornell Law School.
In Nichols' case, Shelby County District Attorney Steve Mulroy explained why these officers were charged with second-degree murder and said, "kidnapping under Tennessee law is any confident of a person against their will which substantially interferes with their liberty. It is our contention that whatever the legality of the initial stop, at a certain point, Mr Nichols was unlawfully detained by the police officers."
He further added, "It's aggravated kidnapping under the law because it resulted in bodily injury and separately because the persons involved in the forcible detention that was unlawful possessed weapons at the time. So, there are two different counts of aggravated kidnapping based on that theory," as reported by FoxNews13.
About first-degree murder
In Tennessee, the premeditated and intentional killing of another person is referred to as first-degree murder. The death penalty or a life sentence without the possibility of parole applies to this offense, which is the most serious one that can be brought against a person in Tennessee, as per FindLaw.
On January 7, at 8.30 pm, police stopped Nichols on suspicion of driving recklessly. Following a "confrontation," Nichols fled after a physical altercation. Then another encounter occurred close to Castlegate Lane and Bear Creek Cove where police found him and allegedly assaulted him again. According to the TBI Director David Rausch, Nichols complained of having trouble breathing, therefore, an ambulance was dispatched to the area. Nichols was then taken in critical condition to a hospital, as reported by DailyMail.
What did Joe Biden said about the murder case?
This case has gained nationwide recognition and caught the attention of the president as well. President Joe Biden asked for a "transparent investigation into his death" and released a statement that read, "Jill and I extend our heartfelt condolences to the family of Tyre Nichols and the entire Memphis community. Tyre's family deserves a swift, full, and transparent investigation into his death."
The statement further added, "As Americans grieve, the Department of Justice conducts its investigation, and state authorities continue their work, I join Tyre's family in calling for peaceful protest. Outrage is understandable, but violence is never acceptable. Violence is destructive and against the law. It has no place in peaceful protests seeking justice," as per a release by The White House.