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5 Ex-Cops Charged In Tyre Nichols' Death Plead Not Guilty; LA Officer Charged With Negligent Homicide In Unarmed Man's Death; Two Jewish People Shot In Los Angeles, Suspect Arrested. Aired 2-2:30p ET

Aired February 17, 2023 - 14:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[14:00:00]

VICTOR BLACKWELL, CNN ANCHOR: Hello there, I'm Victor Blackwell. Welcome to CNN NEWSROOM.

Five former Memphis police officers charged in the fatal beating of Tyre Nichols pleaded not guilty in their first court appearance today.

(BEGIN VIDEOTAPE)

BLACKWELL (voiceover): Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin III, and Desmond Mills Jr. were arraigned together. Now, they did not speak. You see that some of them are wearing their face masks there. The men face charges of second-degree murder, assault, kidnapping, misconduct as well. And during today's arraignment, the judge stressed that this will be a long process.

JAMES JONES, JUDGE, SHELBY COUNTY CRIMINAL COURT: So, be patient, work with your attorneys, cooperate with them, meet with them go over their discovery, make sure that if there are any delays that these delays are accommodated of your actions. To those also in attendance, as I've explained to the defendants, this case can take some time. But we do ask for your patience -- your continued patience, your continued civility in this case.

We understand that there may be some high emotions in this case, but we ask that you continue to be patient with us. Everyone involved wants this case to be completed as quickly as possible. But it's important for you all to understand that the state of Tennessee as well as each one of these defendants have a absolute right to a fair trial.

BLACKWELL: Tyre Nichols' family was in the courtroom as well. His mother said that she wanted the officers to see her face.

ROWVAUGHN WELLS, TYRE NICHOLS MOTHER: I feel very numb. And I'm waiting for -- this nightmare basically that I'm going through right now, I'm waiting for somebody to wake me up, right? I'm really waiting for somebody to wake me up. But I also know that's not going to happen, OK? I know my son is gone. I know I'll never see him again. I want each and every one of those police officers to be able to look me in the face. They haven't done that yet. They couldn't even do that today. They didn't even have the courage to look at me in my face after what they did to my son. (END VIDEOTAPE)

BLACKWELL: CNN's senior crime and justice correspondent Shimon Prokupecz is in Memphis. First time we're seeing these five former officers together. Tell us more about what happened today.

SHIMON PROKUPECZ, CNN SENIOR CRIME & JUSTICE CORRESPONDENT: Yes, it's the first time that we've seen them in together. It's their initial appearance in court where they were arraigned on the charges. And, you know, we saw them enter the courtroom then just stand behind their table next to their lawyers where their lawyers spoke for them pleading not guilty. And then as you play there the sound from the judge, so the process is now underway. It's now in the hands of the court and so the judicial process begins. And now the whole thing is about discovery and getting information to the defense attorneys, who by all accounts, Victor, you know, we talked to some of the attorneys afterwards. They're going to launch a vigorous defense, as one would expect.

But it's interesting to hear them talk about this case. They certainly feel there's been a rush to judgment here. They feel that there's other evidence that has not been out there. We -- you know, we keep hearing from city officials that more video, more audio is expected to be released. They say if that is important piece of evidence that hopefully, the public will get to see. And so, the process is underway.

But also at the same time, there's a whole host of things going on in the district attorney's office. They are continuing their investigation, in this case. And other officers could potentially face charges. But the fallout from this is significant. Now, we learned today that some -- about a hundred cases could be more at some point are now under review involving -- that involves some of these officers, whether they were arrest officers -- these officers that made arrests, or whether they were witnesses, the DA is saying that he's now reviewing those cases. Take a listen to what more he said.

(BEGIN VIDEO CLIP)

STEVE MULROY, SHELBY COUNTY DISTRICT ATTORNEY: We are proactively reviewing all of the cases involving the five officers plus officer Hemphill. The five officers total 75 cases, there's going to be an additional number -- I don't know the exact number with Officer Hemphill. And then of course beyond that, if there are individual cases that people bring to our attention with his credible reason to review it, then we will of course review those as well.

PROKUPECZ: When you go back and you look at this. I mean, how concerned are you with some activity there that has come to light?

MULROY: I'm very concerned. I think anybody would be very concerned.

(END VIDEO CLIP)

PROKUPECZ: And, Victor, you know, we've heard from community members who had interacted with this unit, which is now no longer the score, the SCORPION unit, we've raised all kinds of issues. And now the DA is saying that they're going to look up -- he told me outside the court it would be about a hundred cases. The significance of that, of course, Victor, just one final note is that these cases could potentially be dismissed, which you know, presents a big problem here for the city.

BLACKWELL: Yes, certainly. Shimon Prokupecz there in Memphis, with the reporting, thank you. Let's bring it now civil rights attorney and legal affairs commentator, Areva Martin.

[14:05:03]

Training and culture, are obviously major components driving the conversation about policing. I wonder -- first, let's start with the hundred cases in that review. 75 for SCORPION, about 25 for officer Hemphill. If you don't recognize the name, he's the person that caught on body cameras saying, hope they stomp his ass. What are those reviews look like?

AREVA MARTIN, CIVIL RIGHTS ATTORNEY: Well, first of all, Victor, it's going to be a very grueling process. And the issue here is, is testimony -- has testimony been given by these five officers that now should be called into question? Because what we know from these officers is that they were not truthful in how they reported what happened to Mr. Nichols on that evening. But for that extensive video camera that we saw from the pole camera and some of the body cameras, we may not have gotten a truthful rendition of what happened that night.

So, the question with those one hundred cases is were these officers engaged in any kind of wrongful conduct? Were they engaged in excessive force in the way that we've seen with Mr. Nichols? And did they give honest and accurate information in reports that they may have written regarding any of those cases and testimony that they may have gone into court? They may have raised their hands in cases and you know, sworn to tell the truth, and now there's questions about their veracity and the legitimacy of all of those one hundred cases.

BLACKWELL: So, the appearance today, they make their first appearance together. Do you expect that there'll be tried together?

MARTIN: I suspect that the court is going to want to try them together because of efficiency purposes. When you have a set of defendants and there's one set of facts and circumstances, obviously from a court standpoint and a jury standpoint, it makes sense to try them together. But I wouldn't be surprised if we then start to see motions from particular individual officers asking that they be severed, that their trial be separated from some of the others.

There's already one of the officers, Victor, we should note who has said in his administrative hearing, the hearing -- or the administrative process before he was fired, that he believed that he followed Memphis -- the training that was given by the Memphis Police Department and the protocols. So, I'm waiting to see if these officers start to turn on each other if they start to point the fingers at each other, and if they do that, I would not be surprised if we don't start to see motions to sever the trials.

BLACKWELL: Yes, of course, we remember the Derek Chauvin in the murder of George Floyd was tried separately from the other officers. I remember covering Freddie Gray, the first three officers were tried together, they were acquitted. And then the second group, the three, charges dropped against the second half.

Plea agreements. Are you expecting that in this case, we could start to see one or two of these officers kind of peel away to try to maybe get a reduced sentence?

MARTIN: Well, you know, Victor, that has come up, and all of these cases, that's always a looming question. Now, typically, those plea agreements happen when a particular defendant may have some evidence or information to give that could further implicate someone else that's involved in the criminal charges. In this case, we look at these videos and say look, the prosecutors don't need to make deals.

But I think that's a short-sighted analysis because we have not seen as we heard from the prosecutor, as well as from these defense attorneys, all of the evidence. So, once those defense attorneys start going through those videotapes and really slowing down looking at the actions frame by frame of the clients that they represent, I would not be surprised if we didn't see some of them trying to separate themselves saying that their guy wasn't as culpable as some of the other guys that were involved in trying to get deals with the prosecutor. So, we've seen that happen in many of these cases before and I would not be surprised to see that it would happen in this case as well.

BLACKWELL: All right. The judge says that this will be a long process, we will be leaning on your expertise often. Areva Martin, good to see you. Thank you.

Let's go to Louisiana now and the killing of another unarmed black man whose final moments were recorded on a police body cam. It too is very difficult to watch. A Shreveport Louisiana police officer is now charged with negligent homicide for the killing of Alonzo Bagley. Bagley was 43 years old. Again, this footage is graphic. It is disturbing. CNN's Ryan Young has the story.

(BEGIN VIDEOTAPE)

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Two officers arrived at the home of Alonzo Bagley responding to a 911 call regarding the domestic disturbance.

UNIDENTIFIED MALE: Hey, what's your name?

ALONZO BAGLEY, KILLED BY POLICE OFFICER: Alonzo.

UNIDENTIFIED MALE: Hey, can you step out for me?

BAGLEY: No.

UNIDENTIFIED FEMALE: (INAUDIBLE) You're disturbing the peace. BAGLEY: What's in the --

UNIDENTIFIED MALE: Can you step out?

BAGLEY: I'm getting out - I'm getting out.

UNIDENTIFIED FEMALE: No, come on in, sir. He's disturbing the peace.

UNIDENTIFIED MALE: All right.

UNIDENTIFIED FEMALE: People have called over you.

BAGLEY: Be careful. Let me put my dog (INAUDIBLE).

UNIDENTIFIED MALE: Sit down.

BAGLEY: Let me put my dog.

UNIDENTIFIED MALE: Sit down. Let her -- hey, come here. Come here.

BAGLEY: Let me put my dog to --

UNIDENTIFIED MALE: She can put the dog up.

YOUNG: The first officer follows Bagley down the hallway as his wife continues to yell in the background. The officer realizes Bagley is heading out the door of a balcony and sees him jump from the second floor to the ground below.

[14:10:04]

He then turns back to run through and out of the apartment downstairs to chase after Bagley. Once outside, you hear one officer yell to the other.

UNIDENTIFIED MALE: He went that way.

YOUNG: About five seconds later, you hear a single gunshot. It's been one minute and 25 seconds since officers first knocked on the door.

UNIDENTIFIED MALE: This is -- (INAUDIBLE) -- send EMS right now. Shots fired. Shots fired.

YOUNG: For the next two minutes, you hear the officers distraught and administrating CPR.

UNIDENTIFIED MALE: Hey, are you good? Hey, keep breathing. Keep breathing. Keep breathing. Keep breathing.

UNIDENTIFIED MALE: Stay with me, man. Stay with me.

UNIDENTIFIED MALE: Keep breathing. Hey, you're good there. Keep breathing. Keep breathing, dude. Keep breathing. Keep breathing. Keep breathing.

UNIDENTIFIED MALE: I was (INAUDIBLE) up, dude. UNIDENTIFIED MALE: Hey, go to -- go to the front of the building -- go to the front of the building. Leave him down -- leave him down with your flashlight. Come on. Run, run, run, run, run. Hey, how did you -- hey, you're going to be all right - you're going to be all right. Look at me. Hey, look at me. Look at me. Look at me. Look at me. Look at me. Hey, wake up. Wake up. Look at me. Look at me. Hey. Response. Come on. Come on. Come on. Wake up. Respond.

YOUNG: Bagley was unarmed during the encounter according to Louisiana State Police. The officer who fired the shot, Alexander Tyler, has been charged with negligent homicide. In court Thursday, a Louisiana State police investigator told the judge in the split second after the shot is fired, you can see in the body camera footage Bagley's hands are up. In cross-examination, the investigator acknowledged the view from the body camera is obstructed by the way the officers turn in the moment the shot is fired.

DHU THOMPSON, ATTORNEY FOR OFFICER ALEXANDER TYLER: Officers are always faced on a day-to-day basis with dangerous situations like that, and at times where they have to make split-second decisions where they're in a potential life-threatening situation. The mere fact that an argument is being made by the investigator in court that he was unarmed does not necessarily mean he's not a threat to the officer.

(END VIDEOTAPE)

YOUNG: Victor, obviously, a tough video to watch. And we talked to family members just after they got a chance to watch that video. And obviously, it's the audio, those last moments of hearing Mr. Bagley take his last breath that stands out to that entire family. The lawyer was also telling us though they are thanking LSP because they want to say they were happy to see that in thorough investigation is ongoing and that charges were pressed, and that this is a very transparent situation. The mayor of the city has apologized to the family for not speaking to them in the early moments after this shooting. This community is still hurting because they're trying to figure out how to move forward after something so horrific could happen here.

BLACKWELL: Ryan Young reporting from Shreveport, thank you. Joining me now CNN's senior law enforcement analyst Charles Ramsey who led the police forces of Washington, DC, and Philadelphia. Chief, we're talking about another one now. So, you watch this video. Do you see anything there that justifies officer Tyler firing that shot?

CHARLES RAMSEY, CNN SENIOR LAW ENFORCEMENT ANALYST: No. The shooting itself isn't justified. But when you look at the video, and it's rather difficult, you have to really slow it down to actually you know get a handle on what actually took place in terms of the officers at the moment they fired a shot. Now, I know when you do the steel shot you saw his hands up it is at night and whether or not the officers thought he was armed or what have you, I have absolutely no idea but it -- the shooting is not justified. Clearly, he wasn't armed.

BLACKWELL: So, when we see the officer, officer Tyler, first pull out the weapon -- first draw the weapon, he's still in the apartment in the hallway. Bagley hasn't jumped off the balcony. He certainly -- the officer hasn't run the other way, go down the stairs, and then approached him. It doesn't make sense that the weapon is drawn that early.

RAMSEY: Well, it would to me only because he loses sight of it. And he walks away and he goes into the room. You don't know if he's going into the room to get a weapon. You don't know what he's doing and so just as a precaution. But were you -- what you shouldn't do is run with your gun drawn unless you believe that person is actually armed with a firearm because it's too easy to have accidental discharge when you're running with your gun drawn. But I can understand how initially because he doesn't know what he's got, he not only goes in that room, he closes the door behind him.

BLACKWELL: Yes.

RAMSEY: And remember they're (AUDIO GAP) domestic and you just don't know what you have once you get in there. The problem is actually with the chase and what prompted him to fire the shot -- the timing of fire to shot. That's really the issue.

[14:15:11]

BLACKWELL: You know, I -- it was jarring to watch that video. And I've watched it a few times now. And to know that Mr. Bagley -- his last moments were there listening to this officer, shouting, come on, wake up, respond, keep breathing, is there -- is there any relevance to that moment when you're trying to assess? I mean, this officer was 23 years old trying to assess training, if he's panicking nervousness at all, or is it just jarring to watch?

RAMSEY: Well, I mean, he's trying to keep them alert. He's trying to keep him going. I mean, he - they're trying to save him. They're doing what they can to try to save the individual but unfortunately, it didn't work. But the yelling and trying to keep him alert, trying to keep him from "going to sleep or losing consciousness" is something that he's desperately trying to do, but to no avail, unfortunately. So, you know, this is a tragic case on both sides of the coin in my opinion. It's just one of those things that shouldn't happen.

But again, we can watch a tape over and over again. We can rewind it. We can go in slow motion. This stuff goes down. It goes down in real- time. In a split second, a decision is made that is literally life or death. And unfortunately, this is one that they got wrong.

BLACKWELL: Chief Ramsey, thank you. Coming up next hour, I will be joined by Officer Tyler's attorney. So, we'll put some of these questions to Dhu Thompson when he joins us in the next hour.

The FBI is now teaming up with the Los Angeles Police following two recent shootings of Jewish people. Up next, the renewed fears and safety concerns among Jewish communities across the country. There are some questions on if these two people were targeted because of their religion. Plus, President Zelenskyy issues an urgent plea to world leaders, hurry up with those weapons deliveries. New reaction from those leaders ahead. (COMMERCIAL BREAK)

[14:21:06]

BLACKWELL: Police in Los Angeles just arrested a suspect in the drive- by shootings of two Jewish people and the FBI is now investigating these incidents as possible hate crimes. Police tell CNN that around 10:00, Wednesday morning, the first victim was walking to their car from their synagogue when a man drove by and shot twice, and then drove off. Well, the next morning about three blocks away, this ring video shows the victim from the second scene. Look closely here. This is moments after he was shot in the arm. You see he's the one with the sleeve rolled up. Both victims are in the hospital, we're told they're in stable condition.

CNN's security correspondent Josh Campbell is covering this for us. So, you were the first to report on this arrest. What more do you know?

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: Victor, so I heard from a law enforcement source last night that the suspect was taken into custody. That call came just shortly after that occurred. The arrest happened in Riverside County, which is about an hour east of Los Angeles. This area, the Pico-Robertson neighborhood where this -- these two shootings took place, it's an area with a large Jewish population.

To walk through the timeline, you know, as you mentioned, on Wednesday morning, you have people, they're working -- walking around the area. There are witnesses that a man is leaving the synagogue, and a drive- by shooting occurs. Someone drives by, opens fire, that person has shot. The very next morning, another person in the neighborhood also shot.

Now, there's still a lot we don't know about this suspect, about his motivation, about his past. We do know that the Los Angeles Police Department is investigating this as a hate crime. Also, I'll read you a statement that we got in from Los Angeles Mayor, Karen Bass. She says that these attacks against members of our Jewish community in the Pico-Robertson neighborhood are absolutely unacceptable. Anti-Semitism and hate crimes have no place in our city or our country. Those who engage in either will be caught and held fully accountable.

Now, it's -- obviously, this community breathing a sigh of relief that this suspect has been taken into custody but the Jewish community here and across the country also unsettled. This after this wave of anti- Semitism that we've seen over the last few years. I wanted to take you -- have you take a listen to one neighbor who lives in the area where the shootings occurred. Have a listen.

(BEGIN VIDEO CLIP)

ELISHEVA AMAR, NEIGHBOR OF JEWISH MAN INJURED IN DRIVE-BY SHOTTING: Very scared for my kids. You know it is Shabbat coming up tomorrow night and not going to let our kids go to school this weekend and definitely scared to have them wear their kippah is, to look Jewish. (END VIDEO CLIP)

CAMPBELL: Now, finally, I'm also told from a law enforcement source that the FBI has now launched an investigation of its own, working alongside the Los Angeles Police Department. I'm told that special agents and analysts here in Southern California who worked domestic terrorism and hate crimes investigations are looking at the evidence in this case, looking at the shooter's past, working to determine if any federal charges will be brought here, Victor.

BLACKWELL: Josh Campbell with the reporting. Thank you, Josh. Let's bring it now, Jeffrey Abrams. He's the regional director of the Anti- Defamation League of Los Angeles. Jeffrey, good to see you again. Let me first get your reaction to the news of the arrest.

JEFFREY ABRAMS, REGIONAL DIRECTOR, ADL LOS ANGELES: Well, Victor, it is good to see you again. And we're very happy to learn of this arrest because this community, the Jewish community in Los Angeles is on edge right now. It was particularly troubling to hear that last interview where that person spoke about not wanting to go to synagogue, not wearing -- allowing her kids to wear a kippah or things that identify them as a Jew. Particularly with Shabbat coming up was critical that an arrest was made. And we're very appreciative of all law enforcement, LAPD, FBI, U.S. Attorney for taking the first step which is to arrest the perpetrator.

BLACKWELL: Yes, it was difficult to listen to that mom saying she didn't want the kids to look too Jewish at this time because obviously this is being investigated as a targeted hate crime. You mentioned Shabbat, and for those who observed driving is prohibited. I mean, what's your degree of concern that people who were just out walking will be -- will be targets and people will take advantage of that.

[14:25:05]

ABRAMS: So, Shabbat begins at sundown on Friday. LAPD has made assurances that there will be additional patrols, not just in the Pico-Robertson area but throughout the Jewish community. We need to protect the Jewish community in Los Angeles because it's under siege. We've had these commitments from LAPD.

I personally received a call from Mayor Bass yesterday. We only make up a small percentage of the Jewish people, two percent of the population in this country. Yet, time and time again, the Jewish community is who was targeted with religious-based hate crimes.

Here in LA County, there was just a report released, 75 percent, a staggering number, 75 percent of all religious-based hate crimes are directed towards Jewish people. So, as we're about to enter Shabbat, what we hope the community knows is that the LAPD is here protecting as are other groups like ADL and other community organizations.

BLACKWELL: So according to the ADL, anti-Semitic attacks reached an all-time high in 2021, up 34 percent from the previous year. I know the ADL has -- you all have your own investigative team there who are leading looking into these crimes. But talk to me about the cooperation between local police, FBI, of course, you talked about there being more police out but one would hope that you could stop this before it comes to the moment of a person who's looking for a target, right?

ABRAMS: We're all in partnership together. So, just as LAPD, U.S. Attorney, and Department of Homeland Security all are doing their work, so to as ADL. We -- as you mentioned, we actually have a center on extremism where we are looking for information. And so, as we will learn more, we'll share what we know with law enforcement. This is a partnership.

But we're very, very appreciative that here in Los Angeles, do a lot of hard work, we have very close working relationships with LAPD, with the U.S. attorney, with the FBI. So, we're in close consultations. Really, we're here to protect the community.

BLACKWELL: Jeffrey Abrams with the ADL there in Los Angeles, I thank you for your time.

Emotions running high during a community meeting in New Jersey where one teen suicide is prompting new accusations of bullying and violence in that school district.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: You all need to make a change now. That girl should still be alive. She shouldn't have had to just take her own life.

(END VIDEO CLIP)

BLACKWELL: Hear more from the parents and the students in that community ahead. Also, Senator John Fetterman is being praised for prioritizing his mental health after checking himself into a hospital for clinical depression. We'll talk about the example that he's setting. Ahead.

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