Will 5 Memphis cops accused of Tyre Nichols' murder get death penalty? Here's what Tennessee law states
Warning: This article contains a recollection of crime and can be triggering to some, readers' discretion advised.
MEMPHIS, TENNESSEE: On Thursday, January 26, five Memphis police officers were sacked and arrested for the alleged murder of 29-year-old Tyre Nichols. Nichols was allegedly inhumanly beaten by five officers and left unattended by paramedics for nearly half an hour after their arrival. The alleged incident took place on January 7 after Nichols was stopped during a traffic stop for purported reckless driving, which swiftly turned into a horrific nightmare.
A gut-wrenching bodycam footage shows a miserable Nichols allegedly being pepper sprayed and savagely beaten by the officers while they continued to scream profanities at him while striking him with a metal baton. Hapless Nichols who appeared to be pinned to the ground could be heard painfully saying, "Mom! Mom!" and pleading to the officers, “I'm just trying to go home." However, after his death, the officers arrested were released from jail the following day, after posting bail causing a social cry for justice in the nation.
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WARNING: This is the brutal bodycam footage of Tyre Nichols. It is VERY difficult to watch, especially the end when he calls out to his mother. pic.twitter.com/eTUh0GsEsG
— Ben Crump (@AttorneyCrump) January 28, 2023
Swift indictment!
Nichols' death has not only enraged the public but the justice department as well. Simultaneously, the department has made its clear commitment to pursue rightful justice for the horrific death of Nichols and launched an internal investigation. On Thursday, January 26, Shelby County District Attorney Steve Mulroy announced the five officers were indicted and charged with second-degree murder. Citizens were surprised by the swift indictment decision.
(Memphis Police Department)
Subsequently, the US attorney in Memphis, Kevin Ritz, announced an experienced investigator and experienced lawyer from the Justice Department's Civil Rights Division would be part of the internal civil rights investigation. Ritz continued by explaining the investigation and said it would be “methodical” and that it would “continue until we gather all the relevant facts.” He asserted, the investigation will be prolonged as long as they gather factual proof of motive.
What have the five police officers been charged with?
The disgraced five Memphis officers identified as Tadarrius Bean, Emmit Martin III, Desmond Mills Jr, Justin Smith, and Demetrius Hailey, were all fired from their service. Each one of them have been charged with second-degree murder in Nichols' death. They also faced charges of aggravated assault, aggravated kidnapping, official misconduct, and official oppression.
What does Tennessee law say about second-degree murder?
Second-degree murder in Tennessee is considered the highest level of felony. According to Tennessee state statute, second-degree murder is classified as "a knowing killing of another; or a killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user," reported Commercial Appeal.
Even though it is below first-degree murder, second-degree murder in Tennessee is still considered more serious than voluntary manslaughter, which is a crime committed in heat of passion. The statute continues: "In a prosecution for a violation of this section, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether any single incident would have resulted in the death."
What sentence does second-degree murder in Tennessee involve?
If convicted of second-degree murder in Tennessee can involve up to 15 to 60 years in prison along with a fine of up to $50,000. Moreover, the five officers could face even severe sentences considering the additional charges of aggravated assault-acting in concert, aggravated kidnapping, official misconduct, and official oppression.
Why won’t the five officers be given the death penalty?
State murder charge does not vindicate federal civil rights interests, and federal charges can include a sentence up to life imprisonment or imposition of the death penalty, reported MSNBC. However, second-degree murder is not eligible for the death penalty, but it still considers as class A felony, the highest level of felony in the state. First-degree murder charges in Tennessee refer to the premeditated and intentional killing of another person. If convicted of first-degree murder charges in Tennessee can result in the death penalty or life imprisonment with or without parole.