City of Memphis subpoenas DA's office records, communications between Nichols family, DOJ

The City of Memphis Tuesday subpoenaed the Shelby County District Attorney's Office for any correspondence between the office and attorneys for Tyre Nichols' family, the U.S. Department of Justice and two of the officers who were fired in relation to Nichols' beating and death.

In addition to communications, the subpoena requests the DA's office turn over all documents relating to investigations into the Memphis Police Department and Memphis Fire Department.

"In responding to the subpoena, you are requested to consult your records and any other documents in your possession, custody and control, as well as any other source of information that may be available to you, and to furnish all information thus available to you, regardless of whether this information is possessed directly by you (DA Steve Mulroy) or by your partners, directors, officers, attorneys, agents, accountants, employees, representatives, investigators or experts," the subpoena read.

It was not clear at the time of publication if all the records requested by the city's attorneys exist.

The subpoena requested all documents given by the DA's office to Nichols' family or attorneys, any "voicemails or other audio recordings" exchanged between the DA's office and Nichols' family, along with "any and all documents evidencing any authority you claim you have to participate in the civil litigation of Wells, et al v. The City of Memphis, et al."

Among the documents requested are "all documents evidencing your new policy of transparency that requires you to provide investigative materials to civil litigants prior to the conclusion of all related criminal prosecutions that are at issue in the civil litigation."

Also requested were any documents "evidencing any authority you claim you have to initiate an investigation into the policies, procedures and practices of the Memphis Police Department and/or Memphis Fire Department." The DA's office has not publicly spoken about or confirmed such an investigation.

The DA's office said in a preliminary statement that it has begun conversations with the attorneys representing the city who submitted the subpoena.

“We provided most of the requested information voluntarily prior to the subpoena, aligning with our policy of transparency. We will continue to comply with requests from both parties," the DA's office said.

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In addition to asking for documents and communications exchanged between the DA's office and the DOJ, the subpoena also requests all communications and documents exchanged between former MPD officer Preston Hemphill and former MPD Lt. Dewayne Smith.

Neither Hemphill nor Smith were criminally charged at the state or federal level, and Mulroy previously said Hemphill may be called to testify in the state case.

Tyre Nichols was pulled over on Jan. 7, 2023, for what was initially described as reckless driving. That was later walked back by MPD interim Chief Cerelyn "C.J." Davis. It is still unclear why Nichols was pulled over that night.

After being pulled over, he was removed from his car by officers and taken to the ground. The officers pepper sprayed him, and eventually, he ran away from the initial scene. He was quickly tackled about 100 yards from his mother's house where he was beaten by additional officers.

He was taken to St. Francis Hospital in critical condition and died three days later.

Five officers were indicted by the DA's office within three weeks of Nichols' death. Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills and Justin Smith were charged with second-degree murder, aggravated assault, official oppression, two counts of aggravated kidnapping and two counts of official misconduct.

They were later indicted at the federal level and charged with civil rights under the color of law violations, including excessive force.

Nichols' family quickly retained notable civil rights attorney Ben Crump, who filed a $550 million lawsuit against the City of Memphis.

Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at [email protected], or (901)208-3922, and followed on X, formerly known as Twitter, @LucasFinton.

This article originally appeared on Memphis Commercial Appeal: Shelby County DA Mulroy subpoenaed by City of Memphis in Nichols suit