Former Memphis Police Department officer Demetrius Haley, charged in the high-profile case of Tyre Nichols' death, is seeking the dismissal of state charges against him on grounds of double jeopardy. According to Action News 5, Haley—who faces a state trial set to begin on Monday next week—filed a motion on Monday to have his charges dismissed, citing a prior federal indictment.
Haley's motion contends that standing trial at the state level after a federal trial constitutes double jeopardy. The defense points out that the federal government and the local district attorney have collaborated in Haley's prosecution, with federal prosecutors even moving to share grand jury material with the state prosecutors. In an argument echoed by former officer Justin Smith's attorney, who also seeks dismissal, Haley's legal team posits that the State of Tennessee should not prosecute him for the same encounter with Nichols since there is an apparent dissatisfaction with the jury verdict, as reported by WREG.
Haley's claims of double jeopardy are rooted in his prior federal conviction, where he was found guilty of obstruction of justice and using unreasonable force resulting in injury. His attorneys state, "It is fundamentally unfair and a violation of Demetrius Haley's right to be free from being put in jeopardy twice to allow the state to prosecute him for his encounter with Tyre Nichols on January 7, 2023, because it is apparently unsatisfied with the jury verdict," according to a statement obtained by FOX13 Memphis.
While Haley is pushing for the dismissal, other officers involved have taken different paths. Former officers Emmitt Martin III and Desmond Mills accepted plea deals before the federal trial started, with prosecutors recommending prison sentences of 40 years for Martin and 15 years for Mills.
