A senior Memphis police officer on duty at the scene of the brutal assault of Tyre Nichols, which ultimately led to his death, retired one day before he was expected to be fired, according to Memphis City Council Vice Chairman JB Smiley, Jr.
CNN obtained a letter dated February 28, notarized by the agency’s Human Resources department. Lt. Dewayne Smith wrote in the letter, “It has been an honor to serve the city that I call my home for the past 25 years. During these years I have been blessed to do some challenging assignments with some great people.”
Nichols, a 29-year-old father of one, was pulled over on Jan. 7 for reckless driving. After attempting to flee on foot, Nichols was beaten by police officers. He died three days later in the hospital.
The city of Memphis released videos of Nichols’ arrest and beating. In the videos, officers drag Nichols from his car and yell profanities throughout the altercation. An officer tries to deploy a Taser at Nichols and then begins to chase him on foot. Nichols is heard telling the officers, “I’m just trying to go home.” As he lies on the ground, the officers are seen kicking, punching, and striking him with batons. He can be heard crying for his mother. He was within 100 yards of his home.
Smith wasn’t wearing a body camera at the scene— a violation of department rules, per the Associated Press. The disciplinary hearing was held for Smith on March 2 in his absence. It was determined that Smith should have been terminated for his role on the day of Nichols’ beating.
The document notes that in his statement to investigators, Smith “did not provide or suggest immediate medical aid” despite seeing blood coming from Nichols’ face. “Directly upon your arrival, you were told officers pepper sprayed and tased the subject, but you never asked why blood was on his face. At approximately 20:44 hours and after you arrived, the victim said ‘I can’t breathe’ before he slumped over while still in handcuffs. You failed to direct any officer to remove the cuffs in order for the first emergency medical personnel to provide initial care.” The document also states that Smith questioned Nichols as his medical condition deteriorated “and only concluded his behavior was a result of intoxicants by saying ‘You done took something, mane,'” the document reads.
Following the news of Smith’s retirement, Nichol’s family released a statement via their attorneys.
“We call for Memphis police and officials to do everything in their power to hold Lt. Smith and all of those involved fully accountable and not allow Lt. Smith to cowardly sidestep the consequences of his actions,” the Nichols family’s attorneys said in a statement. “His cowardice in resigning and not facing his own disciplinary board to defend himself is not an end-around on accountability or reckoning.”