Tennessee
City of Memphis, police chief oppose effort to delay lawsuit in Tyre Nichols case
MEMPHIS, Tenn. (AP) — Criminal charges should not delay a lawsuit against former Memphis officers accused in the fatal beating of Tyre Nichols, the city and its police chief argued in court filings.
Former officers Tadarrius Bean, Demetrius Haley and Emmitt Martin III asked a federal judge in June to put on hold the $550 million lawsuit filed by Nichols’ mother that blames them for his death and accuses police chief Cerelyn “CJ” Davis of allowing a special unit’s aggressive tactics to go unchecked despite warning signs.
The three officers have pleaded not guilty to criminal charges including second-degree murder in the Jan. 7 beating of Nichols after a traffic stop — and his death three days later. Caught on police video, the beating of the 29-year-old Nichols was one in a string of violent encounters between police and Black people that sparked protests and renewed debate about police brutality and police reform in the U.S.
Nichols died of blows to his head, and the manner of death was homicide, an autopsy report released May 4 showed. The report described brain injuries, cuts and bruises to his head and other parts of his body.
Bean, Haley and Martin were fired after the beating. Two other officers, Desmond Mills Jr. and Justin Smith, also have pleaded not guilty to second-degree murder and other charges. They were also fired, but have not asked for a delay.
The five officers charged in the case are Black. So was Nichols.
Bean, Haley and Martin argue that the civil case could be prejudicial to the criminal case. The officers want to pause depositions, mediation efforts, the exchange of evidence and documents, and other aspects of the lawsuit.
Haley’s attorney said it would be difficult for the officers to defend themselves in civil court while the criminal case proceeds.
A response motion filed June 30 by lawyers for the city and Davis argued that the U.S. Constitution does not require civil action to be delayed in the face of a pending or impending criminal case. They cited a previous case that said the court “must also consider whether granting the stay will further the interest in economical use of judicial time and resources.”
The city and police chief said a delay was needless.
“It could be literally years before the Indicted Defendants go to trial,” but a partial stay, like delaying sworn testimony by the officers, could be possible, they said in a motion.
Two other former officers, Preston Hemphill and Dewayne Smith, also are defendants in the lawsuit and both are seeking to pause it. They have not been charged, but Hemphill was fired and Smith was allowed to retire before he could be fired.
The city and police chief argue that the request from Hemphill and Smith should not be granted because they do not face criminal charges or a possible trial “to overlap with this civil action.”
Filed in April, the federal suit from Nichols’ mother, RowVaughn Wells, seeks a jury trial and financial damages.
The lawsuit argues the SCORPION crime suppression unit launched by Davis used “extreme intimidation, humiliation, and violence” and “disproportionately focused on and targeted young Black men.” It says that the department permitted this aggressive approach and ignored complaints by others targeted before Nichols’ death.
The five officers charged with beating Nichols were members of the unit, which has since been disbanded and some of its officers moved to other units.
The city and the police department have declined comment on the accusations in the lawsuit.
Three Memphis Fire Department emergency medical technicians who were fired for failing to render aid to Nichols as he struggled with his injuries also are defendants in the lawsuit. They also oppose a pause in the civil case.
Texas
Embattled AG will not testify at impeachment trial
AUSTIN, Texas (AP) — Embattled Texas Attorney General Ken Paxton will not testify in his upcoming impeachment trial that could result in the Republican being permanently removed from office, according to his defense team.
In a lengthy statement released Monday night, Paxton’s lead attorney against criticized the proceedings that led to the GOP-controlled Texas House impeaching the state’s top law enforcement in May.
The trial in the Texas Senate is scheduled to begin Sept. 5.
“‘They had the opportunity to have Attorney General Paxton testify during their sham investigation but refused to do so,” attorney Tony Buzbee said in a statement. “We will not bow to their evil, illegal, and unprecedented weaponization of state power in the Senate chamber.”
A spokesman for the House managers leading the impeachment did not immediately return a message seeking comment Tuesday.
Paxton, a Republican, is temporarily suspended from office pending the outcome of his trial on 20 articles of impeachment that include charges of bribery and abuse of office. Separately, he is under FBI investigation over accusations that he used his power to help a donor. That donor was indicted in a federal court in Austin last month on charges of making false statements to banks.
Paxton is also still awaiting trial on felony securities fraud charges from 2015. He has pleaded not guilty and has never been given a deposition in the case’s eight-year history, according to impeachment managers.
Washington
Ex-sheriff who nabbed ‘Green River Killer’ to run for governor
SEATTLE (AP) — A former sheriff and congressman known for his work that led to the capture of the “Green River Killer” has entered the race to become Washington’s next governor.
Former King County Sheriff and U.S. Rep. Dave Reichert, 72, filed campaign paperwork with the state Public Disclosure Commission on June 30 to run as a Republican candidate to replace Democratic Gov. Jay Inslee, who is not seeking a fourth term.
Reichert, who has not officially announced his campaign, joins a growing field of gubernatorial candidates, including a pair of prominent Democrats — Washington Attorney General Bob Ferguson and Washington Public Lands Commissioner Hilary Franz. Republican candidates include Yakima doctor Raul Garcia and Richland School Board member Semi Bird.
Reichert served two terms as sheriff and was the first detective assigned to the Green River killings, named for the river where the first bodies were found in 1982. Gary Ridgway, who killed 49 women, was arrested and convicted in 2003 during Reichert’s second term.
Ridgway said he likely committed more than 71 murders and is serving a sentence of life without parole.
Reichert was elected to Congress in 2004 and retired after his seventh term in 2019.
A primary election is set for August 2024.
