The day before a hearing to fire him, the Memphis police supervisor present when Tyre Nichols was fatally battered by officers, retired with benefits, according to paperwork filed to remove his law enforcement license.
In documents received by media outlets on Friday, Lt. DeWayne Smith was named as the officer who, according to officials earlier this month, had resigned before his termination hearing.
The vice-chairman of the Memphis City Council, JB Smiley Jr., expressed his displeasure with the decision, saying it didn’t seem fair that the officer, who was at the time anonymous, could keep his pension and other benefits.
After Nichols passed away following a traffic stop on January 7, seven Memphis police officers were dismissed
“I just don’t like the fact that his parents are paying this officer to go on and live and that’s troubling,” Smiley said.
The attorney for Nichols’ family claimed the agency should not have let Smith “cowardly avoid the repercussions of his crimes” and retire after 25 years.
“We call for Memphis police and officials to do everything in their power to hold Lt. Smith and all of those involved fully accountable,” attorney Ben Crump said.
After Nichols passed away following a traffic stop on January 7, seven additional Memphis police officers were dismissed, and five of them are now facing second-degree murder charges. Smith is not held accountable for Nichols’ passing.
According to the investigation, Smith heard Tyre Nichols exclaim “I can’t breathe”
Nichols, 29, was forcibly removed from his car as a Taser was pointed at him by the cop. He ran, but was chased down. Five officers were seen holding him down while he pleaded for his mother and striking him repeatedly with their fists, boots, and batons, according to the video.
More information about Lt. Smith’s activities that night can be found in the decertification records against him.
According to the investigation, Smith heard Nichols exclaim “I can’t breathe” as he was leaning against a squad car but did not take him to the hospital or free him from his handcuffs.
The U.S. Department of Justice is presently evaluating the Memphis Police Department’s rules on the use of force
The records stated that Smith failed to obtain reports from other officers about the use of force and informed Nichols’ family that he was driving under the influence even though there was no evidence to support a charge. According to investigators, Smith assumed Nichols was intoxicated or high on drugs without any supporting evidence, and a video shows him saying to Nichols “you done took something” as soon as he arrived on the scene.
In addition, Smith disregarded the rules of the police department by not wearing his body camera. Documents stated that other officers’ body cameras caught his behavior.
In response to Nichols’ passing, the U.S. Department of Justice is presently evaluating the Memphis Police Department’s rules on the use of force, de-escalation tactics, and specialized units.
