A Tennessee judge ordered the delay in releasing video and records relating to the Tyre Nichols traffic stop.
Nichols died days later after a January 7 traffic stop that turned violent. Memphis police say that Nichols was stopped for alleged "reckless driving." During the traffic stop, a "confrontation occurred," police said, which led to Nichols running away from officers.
When officers caught up with Nichols, police say another confrontation occurred, which led to Nichols complaining about shortness of breath.
"While attempting to take the suspect into custody, another confrontation occurred; however, the suspect was ultimately apprehended," MPD said. "Afterward the suspect complained of having shortness of breath, at which point an ambulance was called to the scene."
MEMPHIS CITY COUNCILMAN CALLS FOR TERMINATION OF OFFICER WHO TASED TYRE NICHOLS: 'MUST BE FIRED'
He was transported to a local hospital in critical condition and died says later on Jan. 10.
Shelby County Criminal Court Judge James Jones Jr. issued the court order on Wednesday in response to a motion by Blake Ballin, who is representing Desmond Mills, Jr.
"The court orders that the release of videos, audio, reports, and personnel files of City of Memphis employees related to this indictment and investigation (to include administrative hearings, records and related files) shall be delayed until such time as the state and the defendants have reviewed this information," the court order states. "The release of this information shall be subject to further orders of this court and, in the public interest, will be ordered as soon as possible."
The Shelby County District Attorney’s Office said in a statement that it supports the decision made by Jones Jr.
"For the sake of transparency and the public interest, our office supports MPD’s decision to release the remainder of the video footage in the Tyre Nichols investigation," the district attorney's office said. "Regarding other material planned for release, our office needs to review it carefully to ensure it doesn’t prejudice the defendant or jeopardize our prosecution. We know the judge has the final say in this matter and trust that the appropriate decision has been made to protect the integrity of the ongoing investigation. We will work to review the material promptly in the hopes that the majority of it will be released sooner rather than later."
Ballin said on behalf of Mills Jr. that the motion was made to balance transparency with the right to a fair trial.
"The motion and order filed today are the result of the need to balance the interests of transparency with the defendants' right to a fair trial. Police department investigations often uncover evidence that is irrelevant, prejudicial, misleading or inadmissible. The order issued today will allow all parties to review the information that the Memphis Police Department wants to release to ensure that the public is not exposed to such evidence," Ballin said. " It is vital that potential jurors do not form opinions or draw conclusions prior to hearing the actual evidence in this case. After review and input from all parties we are confident that Judge Jones will issue an order that protects both the constitutional rights of the defendants and the interests of the public."
Five former Memphis police officers were fired after the incident and are being charged with second-degree murder, aggravated assault as well as other charges.
Officers can be seen punching, kicking, and striking Nichols with a baton several times in video released by Memphis police.
"Watch out, I'ma baton the f--- out you," one officer says in the body camera video.
