5:47 p.m.: The jury was dismissed for the day. We will return with live coverage of the ongoing trial on Thursday at 9 a.m.

4:26 p.m.: Former MPD officer and member of MPD’s Scorpion Unit, Preston Hemphill, took the stand.

Hemphill testified that he was involved in the first scene when he, Demetrius Haley, and Emmitt Martin made a traffic stop on Nichols. He said Martin let the team know over his radio that Nichols was fleeing, and a pursuit began.

He said the traffic stop was categorized as a “high-risk” stop due to reckless driving and Nichols’ refusal to pull over.

Hemphill says to his knowledge, neither Haley nor Martin knew who Nichols was before the traffic stop. He said that when Haley tried to arrest Nichols, he refused. He told the jury he then heard Martin yell, “Let go of my gun.”

Defense attorney Michael Stengel, representing Haley, asked Hemphill what that statement meant to him and how it would affect the situation.

“That someone’s probably fixing to get hurt. If you bring a gun into this, it could go deadly,” said Hemphill.

He admitted that this escalated the situation. The officers took Nichols to the ground, and he pulled out his taser. Haley then pepper-sprayed Nichols. He says his taser “had no effect” on Nichols, nor did the pepper spray.

Hemphill testified that all three of the officers on the first scene were affected by the pepper spray, and Nichols was able to get away. Though they chased him for a block or so, they were unable to catch up with Nichols and ended the foot pursuit.

He said he was made aware by radio that Nichols was found nearby by officers, who were still struggling with him. Haley left the first scene and made his way to the second, but Hemphill stayed behind.

Hemphill’s body-worn camera footage from the traffic stop was shown to the jury. He mentioned that Nichols was not complying with the officers’ demands while they were attempting to detain him.

He also testified that Nichols was able to push all three officers off of himself, though they each weighed between 250-280 pounds.

Hemphill was heard in his body camera footage saying, “I hope they stomp his a**” after Nichols got away from officers.

“From being p****d off at the situation, from being pepper-sprayed, from losing my glasses. I was just angry,” said Hemphill.

He agreed with defense attorneys that Justin Smith seemed panicked when calling for an ambulance and fire units on the second scene. Smith was heard over the radio also requesting additional police units because Nichols was “still fighting.”

4:13 p.m.: The jury was released for a brief break.

2:41 p.m.: The defense presented a witness who had her wallet stolen from her car in October 2022, months before Nichols was beaten. She claims her credit cards were used at multiple gas stations without her permission.

She was then dismissed.

Witness Charles Baker, a special agent with the TBI and case agent for the Tyre Nichols case, then took the stand.

Baker said illegal drugs, mushrooms, were found in Nichols’ car upon searching it. Photo IDs, credit, and debit cards not belonging to Nichols were also found inside the car.

Baker was asked by prosecuting attorneys if he had in the past arrested people who were under the influence of marijuana. He stated that he had, but when asked by attorneys if the arrestees appeared to have “superhuman strength,” Baker replied, “Not one time. Very peaceful.”

Defense Attorney John Keith Perry questioned Baker on Nichols’ alleged resistance against the officers while they were attempting to detain him. Baker agreed that the video depicted Nichols “actively resisting.”

Though he agreed with defense attorneys on this, Baker noted that he was not on the scene when the incident happened, so he does not know the full extent of what took place that night.

“I’m not there. I can’t put myself in those officers’ shoes. You want to put yourself in the officers’ shoes. I want to know what they did, what they saw, but based on the investigation, this is what I saw,” said Baker. “I can’t tell you Mr. Nichols’ strength. I can’t tell you his past because I don’t know. I have no idea about Mr. Nichols’ history.”

Baker was then dismissed.

1:39 p.m.: Court is back in session after a two-hour lunch break.

Defense Attorneys immediately requested that the judge acquit their clients and presented their cases as to why.

The judge denied their requests and stated that the jury should be left to decide. The court then went into a brief recess to discuss the defense’s plan for presenting witnesses.

11:38 a.m.: The state has rested its case.

The judge released the jury for lunch. We will be back with live coverage when they return.

11:24 a.m.: The cross-examination began with Dr. Ross confirming to defense attorneys that the manner of death was determined to be homicide.

Dr. Ross agreed with defense attorneys that the swelling of Nichols’ brain caused by multiple blows to his head led to a restriction of blood flow. The lack of oxygen to Nichols’ brain ultimately led to his death.

Ross was dismissed as a witness.

10:48 a.m.: Court has gone into a brief recess. We will continue with live coverage when they return at 11:05.

Cross-examination of Dr. Ross will begin after the break.

9:50 a.m.: Dr. Marco Ross, the Chief Medical Examiner and Forensic Pathologist at the West Tennessee Regional Forensic Center, was called to the stand as an expert witness.

In the autopsy performed on Nichols on Jan. 11, the day after he died, Dr. Ross says he found many cuts and bruises across Nichols’ body — on his legs, arms, torso, and face.

Dr. Ross confirmed that the toxicology report showed Nichols’ blood alcohol level was at .049 when an initial test was taken shortly after the beating. The report also came back positive for THC, or marijuana.

“Those are the levels one might see with typical recreational use of marijuana,” said Ross.

9:00 a.m.: The first witness of the day was Derek Miller, a special agent with the Tennessee Bureau of Investigations and digital forensic examiner who searched and analyzed Demetrius Haley’s phone after the incident with Nichols.

Haley was seen on camera taking a photo of Nichols lying against the police car after the beating.

Miller told prosecuting attorneys that the photo of Nichols was found to have been shared through text message 11 times, but he was only able to find eight people who had received it.

One text message thread between Haley and what appears to have been another officer with the contact name MPD Fox Austin Peay was shared with the jury.

• Fox: “Who beat dude up last night?”
• Haley: “Us.”
• Fox: “They relieved some folks fr.”
• Haley: “Yeah. Six of us.”
• Fox: “D*** I don’t understand why tho.”
• Haley: “I guess it’s just procedure, IDK.”
• Fox: “S*** stupid. The city needs ya’ll fr fr.”
• Haley: “Appreciate it, bro.”

Cross-examination of Derek Miller began after the messages were read out to the jury.

***

MEMPHIS, Tenn. — Wednesday kicks off the third day in the state trial for three former Memphis Police Officers accused in the beating death of Tyre Nichols.

Tadarrius Bean, Demetrius Haley, and Justin Smith are all facing a second-degree murder charge.

Desmond Mills, a former MPD officer who took plea deals at both the federal and state levels in the case, testified on Tuesday morning against his colleagues.

He told prosecuting attorneys that he acted out of anger when he sprayed and used his baton on Nichols during the January 2023 traffic stop, then lied about it later.

“I was angry enough to pull the baton out. I sprayed myself,” Mills said.

The murder trial will continue on Wednesday with witnesses from the state.