Davis requested the change in status for Emmitt Martin, Desmond Mills, Justin Smith, Demetrius Haley and Tadarrius Bean. Those five officers have all been charged with second-degree murder for Nichols’ death.
Each statement of charges reads that after Nichols was placed in custody, all officers were captured on body camera footage making multiple unprofessional comments, laughing and bragging about each other’s involvement. Haley also took two pictures on his personal cell phone while standing in front of Nichols as he was “obviously injured” on the ground.
“Your on-duty conduct was unbecoming, and you neglected your duty to render aid and provide viable details to the emergency medical personnel as a first responder and certified EMT,” his statement reads in part. Smith was found in violation of policies regarding personal conduct, neglect of duty, duty to intervene and reporting improper conduct, excessive force/unnecessary force and compliance with body-worn camera regulations .His statement of charges reads that “Although you did not assist with handcuffing the subject, your use of force behavior was excessive, unnecessary, and caused serious bodily injury.