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Crime

Video of Tyre Nichols beating leaves unanswered questions

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11 minute read

By Adrian Sainz in Memphis

MEMPHIS, Tenn. (AP) — The nation and the city of Memphis struggled to come to grips Saturday with video showing police pummeling Tyre Nichols — footage that left many unanswered questions about the traffic stop involving the Black motorist and about other law enforcement officers who stood by as he lay motionless on the pavement.

The five disgraced Memphis Police Department officers, who are also Black, have been fired and charged with second-degree murder and other crimes in Nichols’ death three days after the arrest. The video released Friday renewed questions about how fatal encounters with law enforcement continue even after repeated calls for change.

The recording shows police savagely beating Nichols, a 29-year-old FedEx worker, for three minutes while screaming profanities at him in an assault that the Nichols family legal team has likened to the infamous 1991 police beating of Los Angeles motorist Rodney King. Nichols calls out for his mother before his limp body is propped against a squad car and the officers exchange fist-bumps.

Memphis Police Director Cerelyn “CJ” Davis has said that other officers are under investigation, and Shelby County Sheriff Floyd Bonner said two deputies have been relieved of duty without pay while their conduct is investigated.

Rodney Wells, Nichols’ stepfather, said the family would “continue to seek justice,” noting that several other officers failed to render aid, making them “just as culpable as the officers who threw the blows.”

A Memphis police spokeswoman declined to comment on the role played by other officers who showed up at the scene.

Cities nationwide had braced for demonstrations, with some downtown Memphis businesses boarding up windows and schools canceling after-school activities. But the protests were scattered and nonviolent.

Several dozen demonstrators in Memphis blocked the Interstate 55 bridge that carries traffic over the Mississippi River toward Arkansas. Semitrucks were backed up for a distance.

“I cried,” said protestor Christopher Taylor, a Memphis native who said the officers appeared to be laughing as they stood around after the beating.

Demonstrators at times blocked traffic while chanting slogans and marching through the streets of New York City, Los Angeles and Portland, Oregon. In Washington, protesters gathered across the street from the White House and near Black Lives Matter Plaza.

Blake Ballin, the lawyer for fired officer Desmond Mills, told The Associated Press in a statement Saturday that while the videos “have produced as many questions as they have answers,” the question of whether the city would stay peaceful “has been answered.”

Some of the other questions will focus on what Mills “knew and what he was able to see when he arrived late to the scene” and whether his actions “crossed the lines that were crossed by other officers during this incident,” Ballin said.

The arrest was made by the so-called Scorpion unit, which has three teams of about 30 street officers who target violent offenders in areas beset by high crime, Davis said.

In an AP interview Friday, she said she would not shut down a unit if a few officers commit “some egregious act” and because she needs that unit to continue to work.

A few hours later, Memphis Mayor Jim Strickland said the unit has been inactive since the Jan. 7 arrest.

The city was “initiating an outside, independent review of the training, policies and operations of our specialized units,” Strickland said in a statement.

Davis acknowledged that the police department has a supervisor shortage and said the lack of a supervisor in the arrest was a “major problem.” City officials have pledged to provide more of them.

Questions swirled around what led to the traffic stop in the first place. One officer can be heard saying that Nichols wouldn’t stop and then swerved as though he intended to hit the officer’s car. The officer said that when Nichols pulled up to a red light, the officers jumped out of the car.

“We tried to get him to stop,” the officer sad. “He didn’t stop.”

But Davis said the department cannot substantiate the reason for the stop.

“We don’t know what happened,” she said, adding, “All we know is the amount of force that was applied in this situation was over the top.”

After the first officer roughly pulls Nichols out of a car, Nichols can be heard saying, “I didn’t do anything,” as a group of officers begins to wrestle him to the ground.

One officer is heard yelling, “Tase him! Tase him!”

Nichols calmly says, “OK, I’m on the ground.”

“You guys are really doing a lot right now,” Nichols says. “I’m just trying to go home.”

“Stop, I’m not doing anything!” he yells moments later.

Nichols can then be seen running as an officer fires a Taser at him. His mother’s home, where he lived, was only a few houses away from the scene of the beating, and his family said he was trying to get there. The officers then start chasing Nichols.

Other officers are called, and a search ensues before Nichols is caught at another intersection. The officers beat him with a baton, and kick and punch him.

Security camera footage shows three officers surrounding Nichols as he lies in the street cornered between police cars, with a fourth officer nearby.

Two officers hold Nichols to the ground as he moves about, and then the third appears to kick him in the head. Nichols slumps more fully onto the pavement with all three officers surrounding him. The same officer kicks him again.

The fourth officer then walks over, draws a baton and holds it up at shoulder level as two officers hold Nichols upright, as if he were sitting.

“I’m going to baton the f— out you,” one officer can be heard saying. His body camera shows him raise his baton while at least one other officer holds Nichols. The officer strikes Nichols on the back with the baton three times in a row.

The other officers then appear to hoist Nichols to his feet, with him flopping like a doll, barely able to stay upright.

An officer then punches him in the face, as the officer with the baton continues to menace him. Nichols stumbles and turns, still held up by two officers. The officer who punched him then walks around to Nichols’ front and punches him four more times. Then Nichols collapses.

Two officers can then be seen atop Nichols on the ground, with a third nearby, for about 40 seconds. Three more officers then run up, and one can be seen kicking Nichols on the ground.

As Nichols is slumped against a car, not one of the officers renders aid. The body camera footage shows one of them reaching down and tying his shoe.

It takes more than 20 minutes after Nichols is beaten and on the pavement before any sort of medical attention is provided, even though two fire department officers arrived on the scene with medical equipment within 10 minutes.

During the wait for an ambulance, officers joked and aired grievances. They complained that a handheld radio was ruined, that someone lost a flashlight and that multiple officers had been caught in the crossfire of the pepper spray used against Nichols.

Throughout the videos, officers make claims about Nichols’ behavior that are not supported by the footage or that the district attorney and other officials have said did not happen. In one of the videos, an officer claims that during the initial traffic stop Nichols reached for the officer’s gun before fleeing and almost had his hand on the handle, which is not shown in the video.

After Nichols is in handcuffs and leaning against a police car, several officers say that he must have been high. Later an officer says no drugs were found in his car, and another officer immediately counters that Nichols must have ditched something while he was running away.

During a speech Saturday in Harlem, the Rev. Al Sharpton said the beating was particularly egregious because the officers were Black, too.

“Your Blackness will not stop us from fighting you. These five cops not only disgraced their names, they disgraced our race,” Sharpton said.

Court records showed that all five former officers — Tadarrius Bean, Demetrius Haley, Desmond Mills Jr., Emmitt Martin III and Justin Smith — were taken into custody.

Second-degree murder is punishable by 15 to 60 years in prison under Tennessee law.

___

Associated Press reporters Aaron Morrison in New York, Travis Loller in Nashville, Tennessee, and Rebecca Reynolds in Lexington, Kentucky, contributed to this report.

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Crime

Canada argues court misconstrued Charter in directing feds to bring men in Syria home

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A general view of Karama camp for internally displaced Syrians, is shown Monday, Feb. 14, 2022, by the village of Atma, Idlib province, Syria. THE CANADIAN PRESS/AP/Omar Albam

By Jim Bronskill in Ottawa

The Canadian government says a federal judge misinterpreted the Charter of Rights and Freedoms in directing officials to secure the release of four men from detention in northeastern Syria.

Government lawyers are set to stress that point in the Federal Court of Appeal today as they seek to overturn a January ruling by Federal Court Justice Henry Brown.

In his decision, Brown said Ottawa should request repatriation of the men in Syrian prisons run by Kurdish forces as soon as reasonably possible and provide them with passports or emergency travel documents.

Brown ruled the men are also entitled to have a representative of the federal government travel to Syria to help facilitate their release once their captors agree to hand them over.

The government says in written arguments filed in the Court of Appeal that Brown mistakenly conflated the recognized Charter right of citizens to enter Canada with a right to return — effectively creating a new right for citizens to be brought home by the Canadian government.

Federal lawyers argue Brown’s “novel and expansive” approach overshoots the text, purpose and protected interests of the Charter right to enter, and is inconsistent with established domestic and international law.

The government also contends the court usurped the role of the executive over matters of foreign policy and passports. “The mandatory actions fail to respect the proper role of the executive and prevent it from making necessary, timely and individualized assessments within its expertise about a range of complex considerations.”

The judge’s ruling has largely been put on hold while the appeal plays out. However, Ottawa must still get the process started by initiating contact with the Kurdish forces who are detaining the men in a region reclaimed from the Islamic State of Iraq and the Levant.

The four men include Jack Letts, whose parents John Letts and Sally Lane have waged a vigorous campaign to pressure Ottawa to come to his aid.

Lawyer Barbara Jackman, who represents Letts, points out in a submission to the Court of Appeal that the four Canadian men have not been charged with any crime.

“They have not had access to the necessities of life and have been subjected to degrading, cruel and unusual treatment during their nightmarish tenure in Syrian prisons,” the filing says. “Jack Letts told his family and the Canadian government that he was subjected to torture and contemplated ending his own life.”

The identities of the three other Canadian men are not publicly known.

Their lawyer, Lawrence Greenspon, says Brown’s ruling that Canada should take steps to facilitate repatriation of the men is a practical solution that recognizes the Charter-entrenched right of entry.

“Justice Brown’s decision is comprehensive and correct in law,” Greenspon’s written submission to the Court of Appeal says.

In these rare circumstances, where Canadians are being arbitrarily detained in a foreign country and the federal government has been invited to take steps to facilitate their entry into Canada, the court correctly declared that Ottawa should take those steps, the filing adds.

Family members of the men, as well as several women and children, argued in the Federal Court proceedings that Global Affairs Canada must arrange for their return, saying that refusing to do so violates the Charter.

The government insisted that the Charter does not obligate Ottawa to repatriate the Canadians held in Syria.

However, Greenspon reached an agreement with the federal government in January to bring home six Canadian women and 13 children who had been part of the court action.

In his ruling, Brown said the Canadian men are not able to return home “in part because their government seems never to have formally requested their repatriation.”

They are not able to enjoy “a truly meaningful exercise” of their Charter right to enter Canada unless and until the federal government makes a formal request to the Autonomous Administration of North and East Syria on their behalf, he wrote.

“Canada must make a formal request for their repatriation because otherwise the Court is asked to construe the Charter in an ‘unreal world.”’

This report by The Canadian Press was first published March 27, 2023.

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Alberta

Police investigating how shooter got firearm after autopsy and balistic analysis

Published on

News release from the Edmonton Police Service

Autopsy on shooter, ballistic analysis complete in line of duty deaths

An autopsy on the shooter and ballistic analysis of the firearm have been completed in the Mar. 16, 2023 EPS line of duty deaths.

The Edmonton Medical Examiner conducted an autopsy on Mar. 22, 2023, and confirmed that the 16-year-old male shooter’s cause of death was a single gunshot wound to the head consistent with being self-inflicted.

“We recognize that there is intense public interest in this investigation,” says EPS Deputy Chief Devin Laforce. “At this time, our priorities need to be the integrity of ongoing investigations, including the origin of the firearm, as well as the safety and privacy of all the families affected by this tragedy. For these reasons, we are not releasing or confirming the name of the deceased.”

A bullet casing recovered from the scene of a Mar. 12, 2023 shooting at a nearby restaurant in the area of 133 Street and 114 Avenue has been forensically matched to the firearm that was recovered at the 132 Street and 114 Avenue apartment, where Constable Brett Ryan and Constable Travis Jordan were fatally shot on Mar. 16, 2023.

Investigators believe the suspect in the Mar. 12 shooting to be the same 16-year-old male responsible for the deaths of the two EPS members, although this has yet to be confirmed. Detectives are also working to trace the origins of the firearm and how it came to be in the youth’s possession.

At this time, investigators continue to believe that the youth’s parents, police dispatch and Constables Ryan and Jordan had no information to suggest there was a firearm in the home when the family dispute call for service was made on Mar. 16.

“Both events have been served by robust investigations that have followed all lines of inquiry,” says Deputy Chief Devin Laforce. “All tips and other investigative avenues were pursued exhaustively by the investigating teams.”

The male shot on Mar. 12 in the restaurant remains in hospital in critical but stable condition, and the youth’s mother who was shot on Mar. 16 remains in hospital in serious but stable condition.

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