Ex-officers seek acquittal of obstruction charge in Tyre Nichols beating death

Attorneys for two former Memphis police officers convicted of obstruction in the beating death of Tyre Nichols filed motions for acquittal on Friday, both arguing that the government failed to prove the charge during the federal trial.

Tadarrius Bean, Justin Smith and a third former Memphis police officer, Demetrius Haley, were initially charged with four counts in the beating death of Nichols, who ran from officers during a routine January 2023 traffic stop .

Bean, Smith and Haley were found guilty of the charge of obstruction through witness tampering on Oct. 3 when a jury returned mixed results in the federal case.

"There is absolutely no record evidence that supports an individual finding of Mr. Bean guilty of obstruction of justice," Bean's attorney John Perry argued in Friday's motion. Meanwhile, Smith's attorney Martin Zummach argued in his motion that "the government's own proof established that Justin Smith had no intentional knowing desire to obstruct justice or withhold information in the reporting process or persuaded, or attempted to persuade, a witness in order to hinder or delay any investigation."

Asked for further comment, Perry referred ABC News to the motion on Monday, saying that "it speaks for itself."

"With God's help, I will do my best to speak through and within the judicial process on behalf of Justin," Zummach told ABC News via email on Monday.

ABC News reached out to the U.S. Department of Justice (DOJ) but requests for comment were not immediately returned.

All three former officers were also initially charged with three additional counts -- violating Nichols' civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. Bean and Smith were found not guilty on those charges.

Meanwhile, Haley was acquitted of depriving Nichols of his civil rights causing death but found guilty on the lesser charge of depriving him of his civil rights resulting in bodily injury. He was also found guilty of conspiracy to commit obstruction.

The former officers did not take the stand in their own defense during the federal trial and pleaded not guilty to all charges.

According to the DOJ , Bean and Smith each face a maximum penalty of 20 years in prison, while Haley faces a maximum penalty of 10 years in prison for both the violations of depriving an individual of their civil rights "and for being deliberately indifferent to the known serious medical needs of a person in his custody." Haley faces a maximum penalty of 20 years in prison for witness tampering charges, the department noted.

A federal judge for the U.S. District Court for the Western District of Tennessee on Oct. 7 ordered Haley to be held without bond until sentencing on Jan. 22, 2025, according court documents, but ruled that Bean and Smith were allowed to be on supervised release until the sentencing date.

According to court documents, Haley's attorney filed a motion on Oct. 10 for Haley's bond to be reinstated, arguing that the judge "erred in concluding that Mr. Haley was convicted of a crime of violence and subject to mandatory detention," citing the fact that Haley was "acquitted of violating civil rights resulting in death and convicted of the lesser included offenses of violating civil rights resulting in bodily injury."

ABC News reached out to the court but requests for comment were not immediately returned.

Body camera footage shows Nichols, 29, fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.

Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition. Nichols died in the hospital on Jan. 10, 2023.

Two additional officers – Emmitt Martin III and Desmond Mills Jr. – were also charged in the federal case and testified during the trial for Bean, Smith and Haley after pleading guilty to some of the federal charges.

The five former officers charged in the case were all members of the Memphis Police Department SCORPION unit -- a crime suppression unit that was disbanded after Nichols' death. All of the officers were fired for violating MPD policies.

All five former officers are also facing state felony charges, including second-degree murder, in connection with Nichols' death. Bean, Smith and Haley pleaded not guilty to these charges. They pleaded not guilty to these charges.