Five Former Memphis Police Officers Indicted on Federal Charges in Tyre Nichols Case

Memphis, Tennessee - In a significant development, a federal grand jury in Memphis, Tennessee, has returned an indictment charging five former Memphis Police Department (MPD) detectives with federal civil rights, conspiracy, and obstruction offenses relating to the death of Tyre Nichols on January 7.

The charges, which include federal civil rights violations, conspiracy, and obstruction, stem from the shocking and tragic incident involving Tyre Nichols. The indictment alleges that the five former officers, while serving as members of an MPD SCORPION team, willfully deprived Nichols of his constitutional rights. These charges were announced by Attorney General Merrick B. Garland, highlighting the severity of the case.

"The country watched in horror as Tyre Nichols was kicked, punched, tased, and pepper sprayed, and we all heard Mr. Nichols cry out for his mother and say 'I'm just trying to go home,'" stated Attorney General Merrick B. Garland. "Officers who violate the civil rights of those they are sworn to protect undermine public safety, which depends on the community's trust in law enforcement."

The charges include allegations of assault resulting in bodily injury and death, violations of a law enforcement officer's deliberate indifference to serious medical needs, conspiracy to cover up the use of unlawful force, and obstruction offenses.

Counts one and two of the indictment carry a maximum penalty of life in prison. Counts three and four each carry a maximum penalty of 20 years in prison.

The charges announced today are separate from the Justice Department's civil pattern or practice investigation into the MPD, indicating that these charges are criminal in nature, whereas the pattern or practice investigation is a civil investigation.

The FBI Memphis Field Office conducted the investigation. Assistant U.S. Attorneys David Pritchard and Elizabeth Rogers, along with Special Litigation Counsel Kathryn E. Gilbert and Deputy Chief Forrest Christian of the Justice Department's Civil Rights Division, are prosecuting the case.

These federal charges are separate from the charges brought by the State of Tennessee against the former officers in relation to the death of Tyre Nichols, as they allege different criminal offenses, specifically violations of the U.S. Constitution.

The indictment serves as an allegation, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This indictment marks a significant step in seeking justice for Tyre Nichols and reinforcing the commitment to protecting the civil rights of all Americans, regardless of the circumstance

FBI’s Commitment to Enforcing Civil Rights

Today, James H. Robertson, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Buffalo Division, reaffirmed the FBI’s commitment to enforcing federal civil rights laws, particular in light of recent controversies regarding Muslim communities that raise the potential for violent reactions.

In light of the upcoming September 11th anniversary, the Buffalo FBI has proactively contacted religious, community and government leaders to raise awareness of how they can work in partnership with law enforcement to address hate crime problems. These investigations are not attacks on freedom of speech; they are attempts to bring violent criminals to justice.

It is important to realize that all law enforcement, including the FBI, faces challenges every day to balance the civil liberties of U.S. citizens against the need to investigate activities of possible criminal conduct. The public should be assured that the FBI will do its part to protect individual rights and liberties. These are fundamental rights guaranteed to all individuals as spelled out in our Constitution.

Civil Rights Violations

March 12, 2010 - A. Courtney Cox, United States Attorney for the Southern District of Illinois, announced today that on March 11, 2010, JOSEPH L. BROWN, age 27, of Belleville, Illinois, was sentenced in the United States District Court in East St. Louis following his convictions for conspiracy to interfere with the federally-protected housing rights of African-American victims; interference with African-American victims because of their occupation of a dwelling through the threatened use of force; and making a false statement to a federal law enforcement officer. BROWN pled guilty to the offenses on October 15, 2008. BROWN was sentenced to a total of 78 months of imprisonment (to be served consecutively to his current state sentence) and three (3) years’ supervised release. BROWN was also ordered to pay a fine of $250, a $225 special assessment, and $140 in restitution to a victim of the offense.

The violations occurred on March 29, 2003, in Collinsville, Illinois, when BROWN and another conspired to frighten and intimidate several individuals, two of whom were African-American, by spray painting racial threats and epithets on the exterior of the individuals’ home. Before the vandalism occurred, the defendant had tried to organize a group of young people into forming a racial group or gang. BROWN told others that he was angry that African-Americans were living on the same street that he lived, and that a white woman lived there with the African-Americans. When interviewed about the incident by the FBI on January 22, 2008, BROWN lied by claiming not to know anything about the racial vandalism committed in March 2003, by claiming that he was not involved in the incident, and by claiming that he did not know anyone who might have been involved in the incident.

U.S. Attorney Cox stated, “It is my hope that this prosecution and sentence will send a clear message that illegal conduct designed to threaten or intimidate members of minority groups or any attempt to interfere with their free exercise of rights guaranteed to all Americans will not be tolerated in the Southern District of Illinois.”

The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Deputy Chief Bobbi Bernstein and Trial Attorney Kevonne Small of the Civil Rights Division of the Department of Justice and Assistant United States Attorney Angela Scott.