Read the Decertification Documents

AGRICULTURE File OMMER 1796 NAME: Mills, Jr. (Last) DEPARTMENT: Memphis Police Department DOC: TENNESSE Terminated Discharged Other SEPARATION: This is to notify the POST Commission that the named officer is no longer employed by this department as indicated below: Type of Separation Effective Date (mm/dd/yyyy) Resigned Retired New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: Administrative TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Desmond LEAVE: This officer has been granted leave as indicated: From: 01 /08 /2023 To: Medical Returned to full time status on: From: Card: 4x6 FOR POST USE ONLY DOE (First) Officer relieved of duty effective January 8, 2023. 3x5 POST 2 (Revised Rules 11/29/92) SF-1051 Educational SUSPENSION: This officer has been suspended for a period of thirty (30) days or more DOB: Maternity A. (Middle) CERTIFICATION NUMBER: To: Reason: to Military 3881-6075 for the following reason(s) & Avlot. Dams Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

File S A AGRICULTURE Baggy MMERS 7796 NAME: Mills, Jr. (Last) DEPARTMENT: Memphis Police Department DOC: OF Resigned Retired Terminated Discharged SEPARATION: This is to notify the POST Commission that the named officer is no longer employed by this department as indicated below: Type of Separation Effective Date (mm/dd/yyyy) Other New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: Administrative Card: 4x6 TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Desmond From: LEAVE: This officer has been granted leave as indicated: From: To: FOR POST USE ONLY DOE 3x5 01 ,20 POST 2 (Revised Rules 11/29/92) SF-1051 (First) DOB: Medical Returned to full time status on: SUSPENSION: This officer has been suspended for a period of thirty (30) days or more #: 2023 Educational A. (Middle) CERTIFICATION NUMBER: Maternity To: Reason: to Military 3881-6075 for the following reason(s) Carlo J. Dans Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

Agency Requesting Decertification: Name of Officer: Address POST THE SEAL OF AGRICULTURE CONVER M STANDARDS Peace Officer Standards and Training Commission Decertification Request * Cerelyn J. Davis Print Name AND TRAINING Memphis Police Department 3881-6075 Desmond Mills, Jr. Please check all that apply: 1. Convicted of any state or by federal government of any crime the punishment which could have been imprisonment in a federal or state prison or institution; or 2. Convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor and other alcoholic beverages, controlled substances, or a sufficient number of misdemeanors to establish a pattern of disregard for the law; or Signature of Law Enforcement Agency Head PSID#: 3. Suspended or discharged 30 days or longer, resign in lieu of termination, resign with disciplinary action pending that could have resulted in termination, or discharged by his/her employing law enforcement agency for disciplinary reasons; or 4. Found to have supplied or acquiesced in false information being supplied to the P.O.S.T. Commission regarding eligibility for certification; or 5. Fail to participate in a 40 hour in-service training program each calendar year; or 6. Fail to maintain pre-employment requirements. *All supporting documentation must be attached in order for the P.O.S.T. Commission to to P.O.S.T. Commission, 3025 Lebanon Rd., Nashville, Tn. 37214 proceed. mail to Cerber J. Dans 01.25.2023 Date: 1

City of Memphis Police Division Inspectional Services Bureau Case # 12023-001 Officer's Name: Mills, Jr., Desmond Rank: Police Officer II Statement of Charges Assignment: OCU/Scorpion Unit Memphis Police Dept. Human Resources JAN 25 2023 RECEIVED Date of Occurrence: January 7, 2023 Statement of Particulars: Page 1 of 5 IBM # 13678 Notice is hereby given that you are being charged with violation(s) of policy, law or regulations as shown below: DR 104 Personal Conduct: TERMINATION DR 120 Neglect of Duty: TERMINATION DR 301 Excessive Force/Unnecessary Force: TERMINATION DR 101 Compliance with Regulations to wit: BWC: 40 DAY SWOP Date: January 14, 2023 On January 7, 2023, you and your partners apprehended a fleeing non-violent individual at Castle Gate Lane and Bear Creek Cove. After the subject was placed in custody, and other officers were captured on body worn camera making multiple unprofessional comments, laughing, and bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who took photographs and cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. When you changed location to speak with the victim's mother, you and the supervisor did not obtain her contact information or refused to provide an accurate account of her son's encounter with police or his condition. The report of the victim's death was broadcasted on both local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis. Your on-duty conduct was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law

Page 2 of 5 enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. You use of force behavior caused visible injuries to a non-violent subject who evaded officers on foot for a suspected traffic violation. According to body worn camera footage, you knew the subject was pepper sprayed, tased, struck with an ASP baton, punched, and kicked. You failed to recognize the victim's signs of distress and failed to disclose viable information to the responding emergency personnel to render the proper medical attention. In your Garrity statement, you admitted you did not provide immediate medical aid and walked away and decontaminated yourself from chemical irritant spray. Your actions place you in violation of DR 120 Neglect of Duty which states: DR 120 NEGLECT OF DUTY A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. B. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation. In your Garrity statement, you deployed your ASP baton and struck a non-violent subject three times and deployed your OC spray twice while the individual because your partners were unable to handcuff him. Your actions were captured on video evidence. Although you did not assist with handcuffing the subject, your use of force behavior was excessive, unnecessary, and caused serious bodily injury. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states: DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or Finge

Page 3 of 5 themselves from bodily harm. Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. Your body worn camera was activated during the initial interaction to apprehend the male subject, but later you removed your duty vest and placed it on the trunk of an unmarked vehicle with the body worn camera attached. Therefore, you did not keep your camera affixed to your body to capture the incident in its entirety. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. 3. Officers shall record all law-enforcement encounters and activities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g. “Ma'am/Sir, I am advising you that our interaction is being recorded"). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or in a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6. Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV

recording (e.g. indoor report calls, crime scenes, and other police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. 7. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: The BWC/ICV will not be used to knowingly record confidential informants or undercover officers. Page 4 of 5 • Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. • Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event Detail, Blue Crush Detail, or a THSO Detail will be acting as a Uniform Officer and will be governed under the Memphis Police Department's Uniform Patrol Body Worn Camera policy. OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. Officers working in an undercover capacity will not utilize the BWC. (The officer's disciplinary resume will be reviewed and become a part of this file) Written Response Ordered? X Yes No за яки Issuing Officer -6 #1844

Was officer relieved of duty? I acknowledge receipt of this notice and understand that further investigation may result in additional charges, amendment of the above charges, or dismissal of these charges. I further understand that a written response to these charges at this time is at my discretion unless specifically instructed to file same by the issuing officer. 5 Reviewed by Delegated to: Assistant Chief Deputy Chief EX ACCrome Page 5 of 5 Sgt. D. Craig #4164 Charging Officer Tine Msz Signature of Officer: Yes No 13648 Deputy Chief Work Station Commander Station/Bureau D/C Michael Hardy Major/Lt. Colonel/Colonel AC Coove IDC Howdy

City of Memphis Police Division Inspectional Services Bureau Administrative Summons Memphis Police Department VS. Mills, Jr., Desmond IBM: 13678 I. Allegation You used excessive and unnecessary force to apprehend a non-violent subject following a traffic stop where the person sustained critical injuries and later expired. Your on-duty conduct was unbecoming, and you neglected your duty to render aid and provide viable details to the emergency medical personnel. You failed to record the event in its entirety on your body worn camera uninterrupted. Rules, regulations or orders violated. Date: January 14, 2023 ISB Case #: 12023-001 DR 104 Personal Conduct DR 120 Neglect of Duty DR 301 Excessive Force/Unnecessary Force DR 101 Compliance with Regulations to wit: BWC II. Hearing Date: Friday, January 20, 2023 Place: 27 Union Are EXT Suite 200 Time: 10:00 a.M You are entitled to representation during this hearing. Served by: Date: 1/14/23 Time: Signature of Officer: st L+ J. K. Morris / IAB / 1864 Name/Rank/Assignment/IBM 8:34a.m. 13678 YOUR ATTENDANCE AT THE HEARING NOTICED HEREIN IS REQUIRED, UNLESS EXCUSED DUE TO A MEDICAL EMERGENCY. FAILURE TO ATTEND WILL BE CONSTRUED BY THE HEARING OFFICER AS A WAIVER OF YOUR RIGHT TO BE HEARD. ATTENDANCE WILL BE EXCUSED DUE TO A MEDICAL EMERGENCY IN THE SOLE DISCRETION OF THE HEARING OFFICER, AND ONLY IF YOU HAVE DELIVERED, OR CAUSED TO BE DELIVERED, TO THE HEARING OFFICER, PRIOR TO THE HEARING DATE, A WRITTEN STATEMENT OF MEDICAL CONDITION, PREPARED AND SIGNED BY THE YOUR TREATING PHYSICIAN, DESCRIBING YOUR MEDICAL CONDITION AND ADVISING THAT YOU ARE NOT ABLE TO ATTEND THE HEARING AS A RESULT OF SAID CONDITION. Page: 1

Hearing: January 20, 2023 Date HEARING SUMMARY FORM #12023-001 Attended by: PII Desmond Mills Jr. # 13678 Lt. Essica Cage-Rosario #1705 Action Ordered: 1000 hours Time Statement of Hearing Officer: On Friday, January 20, 2023, at 1000 hrs., an Administrative Hearing was conducted for Officer Desmond Mills, Jr. # 13678, resulting from a Statement of Charges issued to Officer Mills, Jr. by the ISB for violations of DR 104 Personal Conduct, DR 120 Neglect of Duty, DR 301 Excessive Force/Unnecessary Force and DR 101 Compliance with Regulations to wit: BWC. Statement of Hearing Officer Continue: (See Page 2) Date Location: 2714 Union Ave Ext, Suite 700 DR 104 Personal Conduct: SUSTAINED and TERMINATION is ordered. DR 120 Neglect of Duty: SUSTAINED and TERMINATION is ordered. DR 301 Excessive Force/Unnecessary Force: SUSTAINED and Hearing Officer: Deputy Chief M. Hardy #3581 TERMINATION is ordered. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered. Any employee holding a position not exempted from the provisions of Article 34 Civil Service, and not in the initial probationary period, who has been suspended in excess of ten, (10) days, terminated, or demoted, may appeal to the Civil Service Commission within ten, (10) calendar days after notification in writing of such action. In the event of multiple suspensions, only that suspension which causes the total number of days suspended to exceed five, (5) days within a six month period, and any subsequent suspension within said period shall be appeal able to the Commission. If the disciplinary action is 10 days or less, the officer may submit to a grievance procedure or an internal appeal, but not to both. Will Not In addition Chapter I Section 5 page 4 states in part: "Commissioned police officers with a status of suspension, probation, nonenforcement, relieved of duty, or leave of absence are not permitted to engage in any Secondary Employment and/or any Off Duty Security Employment where the officer's status is dependant on his/her state commissioned status. No commissioned police officer is permitted to engage in any Secondary Employment and/or Off duty Security Employment for a period of thirty (30) days after the final disposition of (1) any sustained Statement of Charges for violation of the Sick Abuse policy or (2) any sustained Statement of Charges resulting in a suspension and/or reduction in rank" Notification will be made to the Secondary Employment Office regarding this suspension. Violation of the above listed policy could result in additional charges. Appeal: Will Be Filed Grievance: Will Will Not Be Filed A/C Nichol Hearing Officer I understand that by requesting the grievance procedure that I am waiving my right to recourse through the Internal or Civil Service Commission Appeal Process. 01/20/2023 24 Jan M Employee Signature Distribution: MPD Human Resources, Branch Commander/Division Commander, Precinct HSF 07/07 Dm

: Statement of Hearing Officer: #12023-001 (page 2) Hearing participants were Officer Desmond Mills Jr., Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). Prior to this hearing, Officer Desmond Mills Jr. had been made aware of the pending charges by being served an Administrative Summons on January 16, 2023, which he did sign acknowledging receipt and was provided with a copy. The charges stem from a complaint regarding allegations that on January 7, 2023, you and your partners apprehended a fleeing non-violent individual at Castle Gate Lane and Bear Creek Cove. After the subject was placed in custody, you and other officers were captured on body worn camera making multiple unprofessional comments, laughing, bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who photographed and recorded cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. When you changed location to speak with the victim's mother, you and the supervisor did not obtain her contact information or refused to provide an accurate account of her son's encounter with the police or his condition. The report of the victim's death was broadcasted on both the local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis. Your on-duty conduct was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. Your use of force behavior caused visible injuries to a non-violent subject who evaded officers on foot for a suspected traffic violation. You failed to recognize the victim's signs of distress and failed to disclose viable information to the responding emergency personnel to render the proper medical attention. In your Garrity statement, you admitted you did not provide immediate medical aid and walked away and decontaminated yourself from chemical irritant spray. Your actions place you in violation of DR 120 Neglect of Duty which states: DR 120 NEGLECT OF DUTY A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether onduty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. B. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation. Dm pr

Statement of Hearing Officer: #12023-001 (page 3) In your Garrity Statement, you deployed your ASP baton and struck a non-violent subject three times and deployed your OC spray twice because your partners were unable to handcuff him. Your actions were captured on video evidence. Although, you did not assist with handcuffing the subject, your use of force behavior was excessive, unnecessary, and caused serious bodily injury. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states: DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or themselves from bodily harm. Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. Your body worn camera was activated during the initial interaction to apprehend the male subject, but later you removed your duty vest and placed it on the trunk of an unmarked vehicle with the body worn camera attached. Therefore, you did not keep your camara affixed to your body to capture the incident in it's entirety. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1.An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. Dm dan sonra

Statement of Hearing Officer: #12023-001 (page 4) 3.Officers shall record all law-enforcement encounters and activities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g., "Ma'am/Sir, I am advising you that our interaction is being recorded"). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or in a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6.Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV recording (e.g. indoor report calls, crime scenes, and other police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. 1. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: The BWC/ICV will not be used to knowingly record confidential informants or undercover officers. Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. Dm

Statement of Hearing Officer: #12023-001 (page 5) Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event Detail, Blue Crush Detail, or a THSO Detail will be acting as a Uniform Officer and will be governed under the Memphis Police Department's Uniform Patrol Body Worn Camera policy. OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. Officers working in an undercover capacity will not utilize the BWC. At the beginning of the Administration Hearing, Lt. Cage-Rosario informed the Hearing Officer that Officer Mills, Jr, would like to waive his rights to have each charge read in detail. During the Administrative Hearing on January 20, 2023, Officer Desmond Mills, Jr. was asked if he would like to make a statement by the Hearing Officer. Officer Mills, Jr. responded, “No.” Hearing Officer asked Officer Mills, Jr. did he give TBI an oral statement? Officer Mills, Jr. responded, "No". Hearing Officer asked Officer Mills, Jr. did he give TBI a written statement. Officer Martin responded, "No". Lt. Cage-Rosario (MPA Representative) was asked if she would like to make a statement. Lt. CageRosario read a written statement which will be included in the Administrative File, "To Whom it May Concern, The Memphis Police Association (MPA) objects to the Memphis Police Department's decision to proceed with the administrative hearing for Officer Emmitt Martin prior to the conclusion of the Administrative investigation and/or TBI's investigation. Per Article 14 (MOU Between the MPA and the COM), ‘A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing. Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided DM

Statement of Hearing Officer: #12023-001 (page 6) notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. This will serve as the MPA's statement for this administrative hearing. Hearing Officer convened the hearing on 01/20/2023 at 1015 hrs, without rendering a decision. Hearing reconvened on 01/20/2023 at 1505 hrs. In attendance were Officer Desmond Mills, Jr., Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). In conclusion, the Hearing Officer carefully reviewed all documents related to each alleged violations of the listed DRs by Officer Mills, Jr, including the Garrity statements of all the charged officers and the Response to Resistance forms. The Garrity statements made by you and the other charged officers are not consistent with each other and are not consistent with the publicly known injuries and death of Mr. Nichols. Hearing Officer additionally considered the statement made by Lt. Cage-Rosario. Upon review of the evidence as it relates to DR104 Personal Conduct, which states in part: The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. The Hearing Officer finds that Officer Desmond Mills Jr. did violate DR 104 Personal Conduct, therefore the charge is SUSTAINED and TERMINATION is ordered. Upon review of the evidence as it relates to DR 120 Neglect of Duty, which states in part: A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. The Hearing Officer finds that Officer Desmond Mills Jr. did violate DR 120 NEGLECT OF DUTY, therefore the charge is TERMINATION is ordered. Upon review of the evidence as it relates to DR 301 Excessive Force/Unnecessary Force, which states in part: Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Dm

Statement of Hearing Officer: #12023-001 (page 7) The Hearing Officer finds that Officer Desmond Mills Jr. did violate DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE, therefore the charge is SUSTAINED and TERMINATION is ordered. Upon review of the evidence as it relates to DR 101 Compliance with Regulations, which states in part: Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. The Hearing Officer finds that Officer Desmond Mills Jr. did violate DR 101 COMPLIANCE WITH REGULATIONS TO WIT: BWC, therefore the charge is SUSTAINED and 40 DAY suspension is ordered. DR 104 Personal Conduct: SUSTAINED and TERMINATION is ordered. DR 120 Neglect of Duty: SUSTAINED and TERMINATION is ordered. DR 301 Excessive Force/Unnecessary Force: SUSTAINED and TERMINATION is ordered. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered. Dm

Memphis Police Association MEMPHIS LT Essica Cage-Rosario President Memphis Police Association POLICE 638 Jefferson Ave. Memphis, TN 38105 ASSOCIATION 1973 This will serve as the MPA's statement for this administrative hearing. January 20, 2023 To Whom It May Concern: The Memphis Police Association (MPA) objects to the Memphis Police Department's decision to proceed with the administrative hearing for Officer Emmitt Martin prior to the conclusion of the Administrative investigation and/or TBI's investigation. Per Article 14 (MOU Between the MPA and the COM) " A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing". Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. Essica Cage-Rosario, President Matt Cunningham, Vice President Jeremy White, Secretary/Treasurer John Covington, Chief Steward Shannon Bowen, Sergeant at Arms 638 JEFFERSON AVENUE MEMPHPIS, TN 38105 (901) 523-7075 FAX (901) 523-7081

SHELBY MEMPHIS $1 11 *0 TENNESSEE COUNTY MEMPHIS POLICE DEPARTMENT MEMORANDUM To: Assistant Chief Don Crowe From: Deputy Chief Hardy Assistant Chief Crowe, Subject: Hearing Status Date: 01/20/2023 MEMPHIS SLAL On January 20, 2023 at 1705 hrs, the Administrative hearing for Officer Desmond Mills, Jr. #13678 was held. Deputy Chief Hardy #3581 was the Hearing Officer. The charges for DR 104 Personal Conduct, DR 120 Neglect of Dutyand DR 301 Excessive Force/Unnecessary Force were SUSTAINED and TERMINATION was ordered for all. POLICE The charge for DR 101 Compliance with Regulations to wit: BWC was SUSTAINED and a 40 Day suspension is ordered. MENT

THE GREATERAL OF AGRICULTURE THE STATE C OMMERC *1796 File NAME: Martin, III (Last) DEPARTMENT: Memphis Police Department DOC: Terminated Discharged SEPARATION: This is to notify the POST Commission that the named officer is no longer employed by this department as indicated below: Type of Separation Resigned Retired Other New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: LEAVE: This officer has been granted leave as indicated: From: 01 /08 /2023 To: ✔✔ Administrative TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Emmitt (First) Medical Returned to full time status on: From: Card: 4x6 Effective Date (mm/dd/yyyy) Officer relieved of duty effective January 8, 2023. FOR POST USE ONLY DOE 3x5 POST 2 (Revised Rules 11/29/92) SF-1051 SUSPENSION: This officer has been suspended for a period of thirty (30) days or more / Educational DOB: Maternity #: (Middle) CERTIFICATION NUMBER: To: Reason: to Military 4834-2715 for the following reason(s) Cerbond. Dams Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

THE GREAREAL OF AGRICULTURE 150 OMMER 7796 File ATE NAME: Martin, III (Last) DEPARTMENT: Memphis Police Department DOC: TENNESSEE SEPARATION: This is to notify the POST Commission that the named officer is no longer employed by this department as indicated below: Type of Separation Effective Date (mm/dd/yyyy) Resigned Retired ✔Terminated Discharged Other New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: Administrative TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Emmitt (First) From: Card: 4x6 Medical Returned to full time status on: LEAVE: This officer has been granted leave as indicated: From: 1 To: 01 FOR POST USE ONLY DOE 3x5 POST 2 (Revised Rules 11/29/92) SF-1051 ,20 DOB: #: SUSPENSION: This officer has been suspended for a period of thirty (30) days or more 2023 Educational Maternity (Middle) CERTIFICATION NUMBER: To: Reason: to Military 4834-2715 for the following reason(s) Covelo J. Dans Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

Addres Please check all that apply: POST THE SEAL OF al. MAKLLILEI STATE OF pound CONVER STANDARTS Peace Officer Standards and Training Commission Decertification Request Agency Requesting Decertification: Memphis Police Department Emmitt Martin III 4834-2715 Name of Officer: Cerelyn J. Davis AND TRAINING C Print Name 1. Convicted of any state or by federal government of any crime the punishment which could have been imprisonment in a federal or state prison or institution; or 2. Convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor and other alcoholic beverages, controlled substances, or a sufficient number of misdemeanors to establish a pattern of disregard for the law; or 3. Suspended or discharged 30 days or longer, resign in lieu of termination, resign with disciplinary action pending that could have resulted in termination, or discharged by his/her employing law enforcement agency for disciplinary reasons; or Signature of Law Enforcement Agency Head PSID#: 4. Found to have supplied or acquiesced in false information being supplied to the P.O.S.T. Commission regarding eligibility for certification; or 5. Fail to participate in a 40 hour in-service training program each calendar year; or 6. Fail to maintain pre-employment requirements. *All supporting documentation must be attached in order for the P.O.S.T. Commission to proceed. Maihto P.O.S.T. Commission, 3025 Lebanon Rd., Nashville, Tn. 37214 Cerchion J. Names Date: 0125 2023 1

City of Memphis Police Division Inspectional Services Bureau Case # 12023-001 Officer's Name: Martin, Emmitt Rank: Police Officer II Assignment: OCU/ Scorpion Unit Statement of Charges Memphis Police Dept. Human Resources JAN 25 2023 DR 104 Personal Conduct: TERMINATION DR 108 Truthfulness: TERMINATION RECEIVED Date of Occurrence: January 7, 2023 Statement of Particulars: Page 1 of 6 Notice is hereby given that you are being charged with violation(s) of policy, law or regulations as shown below: IBM # 13985 Date: January 14, 2023 DR 120 Neglect of Duty: TERMINATION DR 127 Duty to Intervene and Reporting Improper Conduct: TERMINATION DR 301 Excessive Force/Unnecessary Force: TERMINATION DR 101 Compliance with Regulations to wit: BWC: 40 DAY SWOP On January 7, 2023, you and your partners initiated a traffic stop at E. Raines and Ross Road involving a suspected reckless drive who died at the hospital three days following a use-offorce incident. After your partner forced the driver out of the vehicle, you gained controlled of one of the subject's wrists. You claimed the subject attempted to grab your duty weapon from your holster positioned on the right side. Audio from a body worn camera did not capture the driver using profanity or displaying any violent threats; however, you made assaultive statements such as "Bitch, put your arm behind your back before I break it" and "I'mma knock you ass the fuck out!" After the subject was placed in custody at Castle Gate Lane and Bear Creek Cove, you and other officers were captured on body worn camera making multiple unprofessional comments such as "that muthafucka made me spray myself', laughing, and bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who took photographs and cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. The report of the victim's death was broadcasted on both local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis. Your on-duty conduct

Page 2 of 6 was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. You were required to complete a Response to Resistance form to provide a truthful account of your use of force during your encounter with a suspect. In your incident summary, you reported the subject grabbed your duty weapon before you and your partners placed him on the ground. However, video evidence does not corroborate your statement in the report. During your Garrity statement, you were afforded the opportunity to review your use of force narrative and told ISB investigators that the details were correct. You failed to disclose you punched the subject in the face and kicked him multiple times on Response to Resistance form. Instead, you added to your ISB statement that you gave "body blows." Both your oral and written statement was deemed deceitful. Your actions place you in violation of DR 108 Truthfulness which states: DR 108 TRUTHFULNESS A member shall not give any information, either oral or written, in connection with any assignment or investigation that is either knowingly incorrect, false, or deceitful. Your use of force behavior caused visible injuries to a non-violent subject who evaded officers on foot for a suspected traffic violation. According to body worn camera footage, you knew the subject was pepper sprayed, tased, struck with an ASP baton, punched and kicked. You failed to recognize the victim's gns of distress and failed to disclose viable information to the responding emergency personnel to render proper medical attention. You and your partners also failed to immediately assist the emergency medical personnel with the request to unhandcuff the subject as his condition changed while left unattended on the ground. Your actions place you in violation of DR 120 Neglect of Duty which states: DR 120 NEGLECT OF DUTY A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. B. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation.

Page 3 of 6 During your encounter with a non-violent subject who was not complying with being handcuffed. You also witnessed another officer excessively strike him with the ASP baton multiple times and another officer kicked the subject who was not being violent. You failed to take reasonable action to stop the excessive and unnecessary use of force as the subject was not armed and only evading arrest on foot for a traffic violation. DR 127 DUTY TO INTERVENE AND REPORTING IMPROPER CONDUCT Any member who directly observes another member engaged in dangerous or criminal conduct or abuse of a subje shall take reasonable action to intervene. A member shall immediately report to the Department any violation of policies and regulations or any other improper conduct which is contrary to the policy, order or directives of the Department. For sworn employees this reporting requirement also applies to allegations of uses of force not yet reported. You were the second contact officer on the traffic stop at which time you assisted another officer to physically force the driver from the vehicle. That person did not display any violence toward you or other officers. He ran from you and two of your partners and was later apprehended Castle Gate Lane and Bear Creek Cove shortly thereafter. As your partners were attempting to handcuff him, you kicked the individual three times in the upper torso area while he was on the ground. You also struck him with a closed fist in his face five times while his arms were being held by two officers. In your Garrity statement, you were unable to provide justification for the physical force and the subject was not armed with a weapon. Your physical force during both encounters was not reasonable. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states: DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or themselves from bodily harm. Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. You failed to activate your body worn camera during the first encounter with the involved citizen on the traffic stop. Your body worn camera was functioning properly and did not

Page 4 of 6 record the use of force incident in its entirety. At some point, you also took the body worn camera off your duty vest and placed it in your unmarked vehicle. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. 3. Officers shall record all law-enforcement encounters and activities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g. "Ma'am/Sir, I am advising you that our interaction is being recorded”). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or in a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6. Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV recording (e.g. indoor report calls, crime scenes, and other police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. 7. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or

otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: The BWC/ICV will not be used to knowingly record confidential informants or undercover officers. Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event Detail, Blue Crush Detail, or a THSO Detail will be acting as a Uniform Officer and will be governed under the Memphis Police Department's Uniform Patrol Body Worn Camera policy. OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. Yes Page 5 of 6 Officers working in an undercover capacity will not utilize the BWC. (The officer's disciplinary resume will be reviewed and become a part of this file) Written Response Ordered? X No JIJK M Issuing Officer Charging Officer #, 18204

Page 6 of 6 I acknowledge receipt of this notice and understand that further investigation may result in additional charges, amendment of the above charges, or dismissal of these charges. I further understand that a written response to these charges at this time is at my discretion unless specifically instructed to file same by the issuing officer. 241 Signature of Officer: Was officer relieved of duty? Reviewed by D Delegated to: Deputy Chief CA Chies Assistant Chief Yes No Deputy Chief Station/Bureau 135x5 Work Station Commander Major/Lt. Colonel/Colonel AC Come (1.C.Hudy

City of Memphis Police Division Inspectional Services Bureau Memphis Police Department VS. Martin, Emmitt IBM: 13985 I. Allegation You used excessive and unnecessary physical force to apprehend a non-violent subject following a traffic stop where the person sustained critical injuries and later expired. Your on-duty conduct was unprofessional, and you neglected your duty to render aid and provide viable details to the emergency medical personnel. You als had a duty to intervene when you observed the excessive force conducted by a member of your team. You failed to record the vehicle stop on your body worn camera and you provided an untruthful report and oral statement. II. Rules, regulations or orders violated. III. Hearing Administrative Summons DR 104 Personal Conduct DR 120 Neglect of Duty DR 127 Duty to Intervene and Reporting Improper Conduct DR 108 Truthfulness DR 301 Excessive Force/Unnecessary Force DR 101 Compliance with Regulations to wit: BWC/ICV Date: 1/14/23 Signature of Officer: Date: January 14, 2023 ISB Case #: 12023-001 Date: Friday, January 20, 2023 Place: 2714 Union Are Ext Suite 700 Time: 9:00a.m. You are entitled to representation during this hearing. Served by: Lt J.K. Morris 1846 Name/Rank/Assignment/IBM Time: CAN₁ 8:30a.m. 13785 YOUR ATTENDANCE AT THE HEARING NOTICED HEREIN IS REQUIRED, UNLESS EXCUSED DUE TO A MEDICAL EMERGENCY. FAILURE TO ATTEND WILL BE CONSTRUED BY THE HEARING OFFICER AS A Page: 1

WAIVER OF YOUR RIGHT TO BE HEARD. ATTENDANCE WILL BE EXCUSED DUE TO A MEDICAL EMERGENCY IN THE SOLE DISCRETION OF THE HEARING OFFICER, AND ONLY IF YOU HAVE DELIVERED, OR CAUSED TO BE DELIVERED, TO THE HEARING OFFICER, PRIOR TO THE HEARING DATE, A WRITTEN STATEMENT OF MEDICAL CONDITION, PREPARED AND SIGNED BY THE YOUR TREATING PHYSICIAN, DESCRIBING YOUR MEDICAL CONDITION AND ADVISING THAT YOU ARE NOT ABLE TO ATTEND THE HEARING AS A RESULT OF SAID CONDITION. Page: 2

Hearing: January 20, 2023 Date Attended by: PII Emmitt Martin #13985 Lt. Essica Cage-Rosario #1705 Action Ordered: HEARING SUMMARY FORM #12023-001 Statement of Hearing Officer: On Friday, January 20, 2023, at 0900 hrs., an Administrative Hearing was conducted for Officer Martin 13985, resulting from a Statement of Charges issued to Officer Martin by the ISB for violations of DR 104 Personal Conduct, DR 108 Truthfulness, DR 120 Neglect of Duty, DR 127 Duty to Intervene and Reporting Improper Conduct, DR 301 Excessive Force/Unnecessary Force and DR 101 Compliance with Regulations to wit: BWC. Grievance: 0900 hrs Time ✓ Date Will DR 104 Personal Conduct: SUSTAINED and TERMINATION is ordered. DR 108 Truthfulness: SUSTAINED and TERMINATION is ordered. DIC NIKOHL Hearing' Any employee holding a position not exempted from the provisions of Article 34 Civil Service, and not in the initial probationary period, who has been suspended in excess of ten, (10) days, terminated, or demoted, may appeal to the Civil Service Commission within ten, (10) calendar days after notification in writing of such action. In the event of multiple suspensions, only that suspension which causes the total number of days suspended to exceed five, (5) days within a six month period, and any subsequent suspension within said period shall be appeal able to the Commission. If the disciplinary action is 10 days or less, the officer may submit to a grievance procedure or an internal appeal, but not to both. Location: 2714 Union Ave Ext, Suite 700 DR 120 Neglect of Duty: SUSTAINED and TERMINATION is ordered DR 127 Duty to Intervene and Reporting Improper Conduct: SUSTAINED and TERMINATION is ordered. In addition Chapter I Section 5 page 4 states in part: "Commissioned police officers with a status of suspension, probation, nonenforcement, relieved of duty, or leave of absence are not permitted to engage in any Secondary Employment and/or any Off Duty Security Employment where the officer's status is dependant on his/her state commissioned status. No commissioned police officer is permitted to engage in any Secondary Employment and/or Off duty Security Employment for a period of thirty (30) days after the final disposition of (1) any sustained Statement of Charges for violation of the Sick Abuse policy or (2) any sustained Statement of Charges resulting in a suspension and/or reduction in rank" Notification will be made to the Secondary Employment Office regarding this suspension. Violation of the above listed policy could result in additional charges. Appeal: Will Be Filed Hearing Officer: Deputy Chief M. Hardy #3581 DR 301 Excessive Force/Unnecessary Force: SUSTAINED and TERMINATION is ordered. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered. ✓w Will Not Will Not Be Filed I understand that by requesting the grievance procedure that I am waiving my right to recourse through the Internal or Civil Service Commission Appeal Process. 1/20/23 CAN e Distribution: MPD Human Resources, Branch Commander/Division Commander, Precinct HSF 07/07 Employee Signature Ем kaļ um atestteker vantrautaļlie

Statement of Hearing Officer: #12023-001 (page 2) Hearing participants were Officer Emmitt Martin, Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). Prior to this hearing, Officer Martin had been made aware of the pending charges by being served an Administrative Summons on January 16, 2023, which he did sign acknowledging receipt and was provided with a copy. The charges stem from a complaint regarding allegations that on January 7, 2023, you and your partners initiated a traffic stop at E. Raines and Ross Road involving a suspected reckless driver who died at the hospital three days following a use-of-force incident. After your partner forced the driver out of the vehicle, you gained controlled of one of the subject's wrists. You claimed the subject attempted to grab your duty weapon from your holster positioned on the right side. Audio from a body worn camera did not capture the driver using profanity or displaying any violent threats; however, you made assaultive statements such as “Bitch, put your arm behind your back before I break it" and I'mma knock you ass the fuck out!" After the subject was placed in custody at Castle Gate Lane and Bear Creek Cove, you and other officers were captured on body worn camera making multiple unprofessional comments such as "that muthafucka made me spray myself", laughing, and bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who took photographs and cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. The report of the victim's death was broadcasted on both local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis. Your on-duty conduct was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. You were required to complete a Response to Resistance form to provide a truthful account of your use of force during your encounter with a suspect. In your incident summary under this form, you reported the subject grabbed your duty weapon before you and your partners placed him on the ground. However, video evidence does not corroborate your statement in the report. During your Garrity statement, you were afforded the opportunity to review your use of force narrative and told ISB investigators that the details were correct. You failed to disclose you punched the subject in the face and kicked him multiple times on the Response to Resistance form. Instead, you added to your ISB statement that you gave “body blows." Both your oral and written statement was deemed deceitful. Your actions place you in violations of DR 108 Truthfulness which states: DR 108 TRUTHFULNESS A member shall not give any information, either oral or written, in connection with any assignment or investigation that is either knowingly incorrect, false, or deceitful. ड्डा

Statement of Hearing Officer: #12023-001 (page 3) Your use of force behavior caused visible injuries to a non-violent subject who evaded officers on foot for a suspected traffic violation. You knew the subject was pepper sprayed, tased, struck with an ASP baton, punched, and kicked. You failed to recognize the victim's signs of distress and failed to disclose viable information to the responding emergency personnel to render proper medical attention. You and your partners also failed to immediately assist the emergency medical personnel with the request to unhandcuff the subject as his condition changed while left unattended on the ground. Your actions place you in violation of DR 120 Neglect of Duty which states: DR 120 NEGLECT OF DUTY A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether onduty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation. During your encounter with a non-violent subject who was not complying with being handcuffed. You also witnessed another officer excessively strike him with the ASP baton multiples times and another officer kicked the subject who was not being violent. You failed to take reasonable action to stop the excessive and unnecessary use of force as the subject was not armed and only evading arrest on foot for a traffic violation. Your actions place you in violation of DR 127 Duty to Intervene and Reporting Improper Conduct which states: DR 127 DUTY TO INTERVENE AND REPORTING IMPROPER CONDUCT Any member who directly observes another member engaged in dangerous or criminal conduct or abuse of a subject shall take reasonable action to intervene. A member shall immediately report to the Department any violation of policies and regulations or any other improper conduct which is contrary to the policy, order or directives of the Department. For sworn employees this reporting requirement also applies to allegations of uses of force not yet reported. You were the second contact officer on the traffic stop at which time you assisted another officer to physically force the driver from the vehicle. That person did not display any violence toward you or other officers. He ran from you and two of your partners and was later apprehended at Castle Gate Lane and Bear Creek Cove shortly thereafter. As your partners were attempting to handcuff him, you kicked the individual three times in the upper torso area while he was on the ground. You also struck him with a closed fist in his face five times while his arms were being held by two officers. In your Garrity statement, which is included in the ISB File and incorporated herein, you were unable to provide justification for the physical force upon the subject who was not armed with a weapon. Your physical force during both encounters was not reasonable. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states: Em

Statement of Hearing Officer: #12023-001 (page 4) DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or themselves from bodily harm. Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. You failed to activate your body worn camera during the first encounter with the involved citizen on the traffic stop. Your body worn camera was functioning properly and did not record the use of force incident in its entirety. At some point, you also took the body worn camera off your duty vest and placed it in your unmarked vehicle. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. EM Ăn pegangan

Statement of Hearing Officer: #12023-001 (page 5) 3. Officers shall record all law-enforcement encounters and activities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g., “Ma'am/Sir, I am advising you that our interaction is being recorded"). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or in a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6. Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV recording (e.g. indoor report calls, crime scenes, and other police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. 7. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: The BWC/ICV will not be used to knowingly record confidential informants or undercover officers. Em 20

Statement of Hearing Officer: #12023-001 (page 6) • Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. • Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event Detail, Blue Crush Detail, or a THSO Detail will be acting as a Uniform Officer and will be governed under the Memphis Police Department's Uniform Patrol Body Worn Camera policy. OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. Officers working in an undercover capacity will not utilize the BWC. During the Administrative Hearing on January 20, 2023, Officer Emmitt Martin was informed by the Hearing Officer that he is now afforded the opportunity to make a statement. Officer Martin responded, “No”, indicating that he did not wish to make a statement. Hearing Officer asked Officer Martin did he give TBI a verbal statement? Officer Martin responded, "No". Hearing Officer asked Officer Martin did he give TBI a written statement. Officer Martin responded, "No". Hearing Officer asked Officer Martin if he wished to make any further statement, and Officer Martin declined to make a statement. Lt. Cage-Rosario (MPA Representative) was asked if she would like to make a statement. Lt. CageRosario read a written statement which will be included in the Administrative File, "To Whom it May Concern, The Memphis Police Association (MPA) objects to the Memphis Police Department's decision to proceed with the administrative hearing for Officer Emmitt Martin prior to the conclusion of the Administrative investigation and/or TBI's investigation. Per Article 14 (MOU Between the MPA and the COM), 'A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing. Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided Em

Statement of Hearing Officer: #12023-001 (page 7) notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. This will serve as the MPA's statement for this administrative hearing. Hearing Officer convened the hearing on 01/20/2023 at 0915 hrs, without rendering a decision. Hearing reconvened on 01/20/2023 at 1645 hrs. In attendance were Officer Emmitt Martin, Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). In conclusion, the Hearing Officer carefully reviewed all documents related to each alleged violations of the listed DRs by Officer Martin, including the Garrity statements of all the charged officers and the Response to Resistance forms. The Garrity statements made by you and the other charged officers are not consistent with each other and are not consistent with the publicly known injuries and death of Mr. Nichols. Hearing Officer additionally considered the statement made by Lt. Cage-Rosario. Upon review of the evidence as it relates to DR 104 Personal Conduct, which states in part: The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. The Hearing Officer finds that Officer Emmit Martin did violate DR 104 Personal Conduct, therefore the charge SUSTAINED and TERMINATION is ordered. Upon review of the evidence as it relates to DR108 Truthfulness, which states in part: A member shall not give any information, either oral or written, in connection with any assignment or investigation that is either knowingly incorrect, false, or deceitful. The Hearing Officer finds that Officer Emmit Martin did violate DR108 TRUTHFULNESS, therefore the charge is SUSTAINED and a TERMINATION is ordered. Upon review of the evidence as it relates to DR 120 Neglect of Duty, which states in part: A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. The Hearing Officer finds that Officer Emmit Martin did violate DR 120 NEGLECT OF DUTY, therefore the charge is SUSTAINED and a TERMINATION is ordered. EM

Statement of Hearing Officer: #12023-001 (page 8) Upon review of the evidence as it relates to DR 127 Duty to Intervene and Reporting Improper Conduct, which states in part: Any member who directly observes another member engaged in dangerous or criminal conduct or abuse of a subject shall take reasonable action to intervene. A member shall immediately report to the Department any violation of policies and regulations or any other improper conduct which is contrary to the policy, order or directives of the Department. For sworn employees this reporting requirement also applies to allegations of uses of force not yet reported. The Hearing Officer finds that Officer Emmit Martin did violate DR 127 DUTY TO INTERVENE AND REPORTING IMPROPER CONDUCT, therefore the charge is SUSTAINED and TERMINATION is ordered. Upon review of the evidence as it relates to DR 301 Excessive Force/Unnecessary Force, which states in part: Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. The Hearing Officer finds that Officer Emmit Martin did violate DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE, therefore the charge is SUSTAINED and a TERMINATION is ordered. Upon review of the evidence as it relates to DR 101 Compliance with Regulations, which states in part: Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. The Hearing Officer finds that Officer Emmit Martin did violate DR 101 COMPLIANCE WITH REGULATIONS TO WIT: BWC, therefore the charge is SUSTAINED and a 40 Day suspension is ordered. DR 104 Personal Conduct: SUSTAINED and TERMINATION is ordered. DR 108 Truthfulness: SUSTAINED and TERMINATION is ordered. DR 120 Neglect of Duty: SUSTAINED and TERMINATION is ordered DR 127 Duty to Intervene and Reporting Improper Conduct: SUSTAINED and TERMINATION is ordered. Em

DR 301 Excessive Force/Unnecessary Force: SUSTAINED and TERMINATION is ordered. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered. Ем

Memphis Police Association LT Essica Cage-Rosario President Memphis Police Association KEMI 638 Jefferson Ave. Memphis, TN 38105 MPHIS POLICE ASSOCIATION 1973 Essica Cage-Rosario, President Matt Cunningham, Vice President Jeremy White, Secretary/Treasurer John Covington, Chief Steward January 20, 2023 To Whom It May Concern: The Memphis Police Association (MPA) objects to the Memphis Police Department's decision to proceed with the administrative hearing for Officer Desmond Mills Jr. prior to the conclusion of the Administrative investigation and/or TBI's investigation. Per Article 14 (MOU Between the MPA and the COM) " A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing". Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. This will serve as the MPA's statement for this administrative hearing. Shannon Bowen, Sergeant at Arms 638 JEFFERSON AVENUE MEMPHPIS, TN 38105 (901) 523-7075 FAX (901) 523-7081

ARTIS MEMPHIS MEMPHIS POLICE DEPARTMENT MEMORANDUM TENNESSEE To: Assistant Chief Don Crowe From: Deputy Chief Hardy Assistant Chief Crowe, Subject: Hearing Status Date: 01/20/2023 MEMPILLS SEAL of On January 20, 2023 at 1645 hrs, the Administrative hearing for Officer Emmitt Martin #13985 was held. Deputy Chief Hardy #3581 was the Hearing Officer. The charges for DR 104 Personal Conduct, DR 108 Truthfulness, DR 120 Neglect of Duty, DR 127 Duty to Intervene and Reporting Improper Conduct, and DR 301 Excessive Force/Unnecessary Force were SUSTAINED and TERMINATION was ordered for all. POLICE The charge for DR 101 Compliance with Regulations to wit: BWC was SUSTAINED and a 40 Day suspension is ordered.

THE AL OF THE SIATE AGRICULTURE NAME: MMER 7796 File Bean (Last) DEPARTMENT: Memphis Police Department ( DOC: Terminated Discharged Other SEPARATION: This is to notify the POST Commission that the named officer no longer employed by this department as indicated below: Type of Separation Resigned Retired New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Tadarius LEAVE: This officer has been granted leave as indicated: From: 01 /08 /2023 To: ✔Administrative Medical Returned to full time status on: From: Card: 4x6 FOR POST USE ONLY DOE Effective Date (mm/dd/yyyy) Officer relieved of duty effective January 8, 2023. 3x5 (First) POST 2 (Revised Rules 11/29/92) SF-1051 SUSPENSION: This officer has been suspended for a period of thirty (30) days or more DOB: Educational #: Maternity M. (Middle) CERTIFICATION NUMBER: 3916-2465 To: Reason: to Military for the following reason(s) 2 Covelo J. Dams Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

THE GREAAL OF AGRICULTURE B OMM NAME: File THE S XVI STATE OF Bean (Last) DEPARTMENT: Memphis Police Department DOC: TENNESSEE Terminated Discharged SEPARATION: This is to notify the POST Commission that the named officer is no longer employed by this department as indicated below: Type of Separation Effective Date (mm/dd/yyyy) Resigned Retired Other New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: Administrative TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Tadarrius From: Card: 4x6 Medical Returned to full time status on: LEAVE: This officer has been granted leave as indicated: From: To: 01 FOR POST USE ONLY DOE 3x5 POST 2 (Revised Rules 11/29/92) SF-1051 (First) DOB: ,20 #: SUSPENSION: This officer has been suspended for a period of thirty (30) days or more 2023 Educational Maternity M. (Middle) CERTIFICATION NUMBER: To: Reason: Military 3916-2465 for the following reason(s) Cachor J. Dans Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

Address POST THE STALO OF STATE OF ALMIELLTURE Au Come JHS STANDARDS AND TRAINING Peace Officer Standards and Training Commission Decertification Request Agency Requesting Decertification: Memphis Police Department Tedarius M. Bean 3916-2465 Name of Officer: Print Name Please check all that apply: 1. Convicted of any state or by federal government of any crime the punishment which could have been imprisonment in a federal or state prison or institution; or 2. Convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor and other alcoholic beverages, controlled substances, or a sufficient number of misdemeanors to establish a pattern of disregard for the law; or PSID#: 3. Suspended or discharged 30 days or longer, resign in lieu of termination, resign with disciplinary action pending that could have resulted in termination, or discharged by his/her employing law enforcement agency for disciplinary reasons; or 4. Found to have supplied or acquiesced in false information being supplied to the P.O.S.T. Commission regarding eligibility for certification; or 5. Fail to participate in a 40 hour in-service training program each calendar year; or 6. Fail to maintain pre-employment requirements. Signature of Law Enforcement Agency Head Cokelyn, Davis J. *All supporting documentation must be attached in order for the P.O.S.T. Commission to proceed. Mail to P.O.S.T. Commission, 3025 Lebanon Rd., Nashville, Tn. 37214 Cerchor J. Dann's 101, 25, 2029 Date:

City of Memphis Police Division Inspectional Services Bureau Case # 12023-001 Officer's Name: Bean, Tadarrius Rank: Police Officer II RECEIVED Statement of Charges Assignment: OCU/ Scorpion Unit Memphis Police Dept. Human Resources JAN 25 2023 Date of Occurrence: January 7, 2023 Statement of Particulars: Page 1 of 5 IBM # 14711 Notice is hereby given that you are being charged with violation(s) of policy, law or regulations as shown below: Date: January 14, 2023 DR 104 Personal Conduct: TERMINATION DR 120 Neglect of Duty: TERMINATION DR 127 Duty to Intervene and Reporting Improper Conduct: TERMINATION DR 301 Excessive Force/Unnecessary Force: TERMINATION DR 101 Compliance with Regulations to wit: BWC: 40 DAY SWOP On January 7, 2023, you and your partners apprehended a fleeing non-violent individual at Castle Gate Lane and Bear Creek Cove. After the subject was placed in custody, and other officers were captured on body worn camera making multiple unprofessional comments, laughing, and bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who took photographs and cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. The report of the victim's death was broadcasted on both local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis. Your on-duty conduct was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which,

Page 2 of 5 although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. During your encounter with the subject, you held the subject by one of his arms while one your partners pepper sprayed him then excessively struck him with ASP baton. Your other partner punched and kicked the non-violent subject. You failed to recognize the victim's signs of distress and failed to disclose viable information to the responding emergency personnel to render the proper medical attention. According to body worn camera footage, you knew the subject was pepper sprayed, tased, struck with an ASP baton, punched, and kicked. You and your partners also failed to immediately assist the emergency personal with the request to unhandcuff the subject as his condition changed while left unattended on the ground. Your actions place you in violation of DR 120 Neglect of Duty which states: DR 120 NEGLECT OF DUTY A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. B. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation. During your encounter with a non-violent subject who was not complying with being handcuffed, you held the subject by one of his arms as one your partners pepper sprayed him then excessively struck him with the ASP baton multiple times. You also witnessed another officer punch and kick the non-violent subject multiple times. You failed to take reasonable action to stop the excessive and unnecessary use of force as the subject was not armed and only evading arrest on foot for a traffic violation. DR 127 DUTY TO INTERVENE AND REPORTING IMPROPER CONDUCT Any member who directly observes another member engaged in dangerous or criminal conduct or abuse of a subject shall take reasonable action to intervene. A member shall immediately report to the Department any violation of policies and regulations or any other improper conduct which is contrary to the policy, order or directives of the Department. For sworn employees this reporting requirement also applies to allegations of uses of force not yet reported. In your Garrity statement, you admitted you struck an unarmed and non-violent subject with a closed fist two to three times in his face because you and your partners were unable to handcuff him. Your actions were captured on video evidence. You also held the individual's right arm while other officers kicked, punched, and pepper sprayed him several times. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states:

Page 3 of 5 DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or themselves from bodily harm. Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. Your body worn camera was activated prior during your initial interaction to apprehend the male subject, but you removed your camera off your duty vest and placed it on the trunk of a squad car during an active scene. You walked away from your camera while it was still recording to have a conversation with other officers about the incident. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. 3. Officers shall record all law-enforcement encounters and activities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity

Page 4 of 5 are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g. "Ma'am/Sir, I am advising you that our interaction is being recorded"). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or in a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6. Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV recording (e.g. indoor report calls, crime scenes, and oth police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. 7. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: The BWC/ICV will not be used to knowingly record confidential informants or undercover officers. Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. • Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event

Worn Camera policy. OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. Officers working in an undercover capacity will not utilize the BWC. (The officer's disciplinary resume will be reviewed and become a part of this file) Written Response Ordered? Yes No Was officer relieved of duty? Reviewed by: Delegated to: Assistant Chief I acknowledge receipt of this notice and understand that further investigation may result in additional charges, amendment of the above charges, or dismissal of these charges. I further understand that a written response to these charges at this time is at my discretion unless specifically instructed to file same by the issuing officer. n Deputy Chief Ja дкм Issuing Officer > Charging Officer Craig #://64 A2 Signature of Officer: Page 5 of 5 Yes No Deputy Chief 1844 Station/Bureau 19711 Work Station Commander D/C Michael Hardy Major/Lt. Colonel Colonel DKC Hardy Ac/Cave & DICI

City of Memphis Police Division Inspectional Services Bureau Memphis Police Department VS. Bean, Tadarrius IBM: 14711 III. Hearing Administrative Summons I. Allegation You used excessive force and restrained movement of a subject as your partner punched him multiple times and the person sustained critical injuries and later expired. Your onduty conduct was unbecoming, and you neglected your duty to render aid and provide viable details to the emergency medical personnel. You also had a duty to intervene when you observed the unnecessary force conducted by a member of your team. You failed to record the event in its entirety on your body worn camera. II. Rules, regulations or orders violated. DR 104 Personal Conduct DR 120 Neglect of Duty DR 127 Duty to Intervene and Reporting Improper Conduct DR 301 Excessive Force/Unnecessary Force DR 101 Compliance with Regulations to wit: BWC Date: Date: January 14, 2023 ISB Case #: 12023-001 Date: Friday, January 20, 2023 Place: 27/4nion Ave Ext Suite 700 Time: //:00 G.M. You are entitled to representation during this hearing. Served by: 9/14/23 Signature of Officer: Lt J.K. Morris / IAB /1866 Name/Rank/Assignment/IBM Time: 8:520.m. Das 14711 YOUR ATTENDANCE AT THE HEARING NOTICED HEREIN IS REQUIRED, UNLESS EXCUSED DUE TO A MEDICAL EMERGENCY, FAILURE TO ATTEND WILL BE CONSTRUED BY THE HEARING OFFICER AS A WAIVER OF YOUR RIGHT TO BE HEARD. ATTENDANCE WILL BE EXCUSED DUE TO A MEDICAL EMERGENCY IN THE SOLE DISCRETION OF THE HEARING OFFICER, AND ONLY IF YOU HAVE DELIVERED, OR CAUSED TO BE DELIVERED, TO THE HEARING OFFICER, PRIOR TO THE HEARING DATE, Page: 1

A WRITTEN STATEMENT OF MEDICAL CONDITION, PREPARED AND SIGNED BY THE YOUR TREATING PHYSICIAN, DESCRIBING YOUR MEDICAL CONDITION AND ADVISING THAT YOU ARE NOT ABLE TO ATTEND THE HEARING AS A RESULT OF SAID CONDITION. Page: 2

Hearing: January 20, 2023 Date Attended by: PII Tadarrius Bean #14711 Lt. Essica Cage-Rosario #1705 Action Ordered: HEARING SUMMARY FORM #12023-001 1105 hrs Time Statement of Hearing Officer: On Friday, January 20, 2023, at 1105 hrs., an Administrative Hearing was conducted for Officer Tadarrius Bean 14711, resulting from a Statement of Charges issued to Officer Bean by the ISB for violations of DR 104 Personal Conduct, DR 120 Neglect of Duty, DR 127 Duty to Intervene and Reporting Improper Conduct, DR 301 Excessive Force/Unnecessary Force and DR 101 Compliance with Regulations to wit: BWC. Will Date Location: 2714 Union Ave Ext, Suite 700 Hearing Officer: Deputy Chief M. Hardy # 3581 DR 104 Personal Conducts: SUSTAINED and TERMINATION is ordered. DR 120 Neglect of Duty: SUSTAINED and a TERMINATION is ordered. DR 127 Duty to Intervene and Reporting Improper Conduct: SUSTAINED and TERMINATION is ordered. DR 301 Excessive Force/Unnecessary Force: SUSTAINED and TERMINATION is ordered. p/c 排小 Hearing Officer Any employee holding a position not exempted from the provisions of Article 34 Civil Service, and not in the initial probationary period, who has been suspended in excess of ten, (10) days, terminated, or demoted, may appeal to the Civil Service Commission within ten, (10) calendar days after notification in writing of such action. In the event of multiple suspensions, only that suspension which causes the total number of days suspended to exceed five, (5) days within a six month period, and any subsequent suspension within said period shall be appeal able to the Commission. If the disciplinary action is 10 days or less, the officer may submit to a grievance procedure or an internal appeal, but not to both. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered. In addition Chapter I Section 5 page 4 states in part: "Commissioned police officers with a status of suspension, probation, nonenforcement, relieved of duty, or leave of absence are not permitted to engage in any Secondary Employment and/or any Off Duty Security Employment where the officer's status is dependant on his/her state commissioned status. No commissioned police officer is permitted to engage in any Secondary Employment and/or Off duty Security Employment for a period of thirty (30) days after the final disposition of (1) any sustained Statement of Charges for violation of the Sick Abuse policy or (2) any sustained Statement of Charges resulting in a suspension and/or reduction in rank" Notification will be made to the Secondary Employment Office regarding this suspension. Violation of the above listed policy could result in additional charges. Appeal: Will Will Not Be Filed Grievance: Will Not Be Filed I understand that by requesting the grievance procedure that I am waiving my right to recourse through the Internal or Civil Service Commission Appeal Process. 1120/2003 Dan 12 Employee Signature Distribution: MPD Human Resources, Branch Commander/Division Commander, Precinct HSF 07/07

Statement of Hearing Officer: #12023-001 (page 2) Hearing participants were Officer Tadarrius Bean, Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). Prior to this hearing, Officer Bean had been made aware of the pending charges by being served an Administrative Summons and a copy of the statement of charges on January 16, 2023, which he did sign acknowledging receipt and was provided with a copy. The charges stem from a complaint regarding allegations that on January 7, 2023, you and your partners apprehended a fleeing non-violent individual at Castle Gate Lane and Bear Creek Cove. After the subject was placed in custody, you and other officers were captured on body worn camera making multiple unprofessional comments, laughing and bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who took photographs and cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. The report of the victim's death was broadcasted on both local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis. Your on-duty conduct was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. During your encounter with the subject, you held the subject by one of his arms while one of your partners pepper sprayed him and then excessively struck him with ASP baton. Your other partner punched and kicked the non-violent subject. You failed to recognize the victim's signs of distress and failed to disclose viable information to the responding emergency personnel to render proper medical attention. You and your partners also failed to immediately assist the emergency medical personnel with the request to unhandcuff the subject as his condition changed while left unattended on the ground. Your actions place you in violation of DR 120 Neglect of Duty which states: DR 120 NEGLECT OF DUTY A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether onduty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. то

Statement of Hearing Officer: #12023-001 (page 3) B. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation. During your encounter with a non-violent subject who was not complying with being handcuffed, you held the subject by one of his arms as one of your partners pepper sprayed him then excessively struck him with the ASP baton multiple times. You also witnessed another officer excessively struck him with the ASP baton multiples times. You failed to take reasonable action to stop the excessive and unnecessary use of force as the subject was not armed and only evading arrest on foot for a traffic violation. Your actions place you in violation of DR 127 Duty to Intervene and Reporting Improper Conduct which states: DR 127 DUTY TO INTERVENE AND REPORTING IMPROPER CONDUCT Any member who directly observes another member engaged in dangerous or criminal conduct or abuse of a subject shall take reasonable action to intervene. A member shall immediately report to the Department any violation of policies and regulations or any other improper conduct which is contrary to the policy, order or directives of the Department. For sworn employees this reporting requirement also applies to allegations of uses of force not yet reported. In your Garrity statement, you admitted you struck an unarmed and non-violent subject with a closed fist two to three times in his face because you and your partners were unable to handcuff him. Your actions were captured on video evidence. You also held the individual's right arm while other officers kicked, punched and pepper sprayed him several times. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states: DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or themselves from bodily harm. Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. Тв

Statement of Hearing Officer: #12023-001 (page 4) Your body worn camera was activated prior during your initial interactions to apprehend the male subject, but you removed your camera off your duty vest and placed it on the trunk of a squad car during an active scene. You walked away from your camera while it was still recording to have a conversation with the officers about the incident. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. 3. Officers shall record all law-enforcement encounters and activities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g., "Ma'am/Sir, I am advising you that our interaction is being recorded"). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or in a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6. Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. тв

Statement of Hearing Officer: #12023-001 (page 5) Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV recording (e.g. indoor report calls, crime scenes, and other police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. 7. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: Ⓡ The BWC/ICV will not be used to knowingly record confidential informants or undercover officers. Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event Detail, Blue Crush Detail, or a THSO Detail will be acting as a Uniform Officer and will be governed under the Memphis Police Department's Uniform Patrol Body Worn Camera policy. OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. TB

Statement of Hearing Officer: #12023-001 (page 6) Officers working in an undercover capacity will not utilize the BWC. At the beginning of the Administration Hearing, Lt. Cage-Rosario informed the Hearing Officer that Officer Bean would like to waive his rights to have each charge read in detail. During the Administrative Hearing on January 20, 2023m Officer Tadarrius Bean was informed by the Hearing Officer that he is now afforded the opportunity to make a statement. Officer Bean responded, "No Sir", indicating that he did not which to make a statement. Hearing Officer asked Officer Bean did he give TBI a statement? Officer Bean responded, "No Sir". Hearing Officer asked Officer Bean did he give TBI a written statement. Officer Bean responded, "No Sir". Lt. Cage-Rosario (MPA Representative) was asked if she would like to make a statement. Lt. CageRosario read a written statement which will be included in the Administrative File, "To Whom it May Concern, The Memphis Police Association (MPA) objects to the Memphis Memphis Police Department's decision to proceed with the administrative hearing for Officef in prior to the conclusion of the Administrative investigation and/or TBI's investigation. Per Article 14 (MOU Between the MPA and the COM), ‘A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing. Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. This will serve as the MPA's statement for this administrative hearing. Hearing Officer convened the hearing on 01/20/2023 at 1105 hrs, without rendering a decision. Hearing reconvened on 01/20/2023 at 1715 hrs. In attendance were Officer Tadarrius Bean, Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). In conclusion, the Hearing Officer carefully reviewed all documents related to each alleged violations of the listed DRs by Officer Bean, including the Garrity statements of all the charged officers and the Response to Resistance forms. The Garrity statements made by you and the other charged officers are not consistent with each other and are not consistent with the publicly known injuries and death of Mr. Nichols. Hearing Officer additionally considered the statement made by Lt. Cage-Rosario. TB

Statement of Hearing Officer: #12023-001 (page 7) Upon review of the evidence as it relates to DR104 Personal Conduct, which states in part: The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. The Hearing Officer finds that Officer Tadarrius Bean did violate DR 104 Personal Conduct, therefore the charge is SUSTAINED and TERMINATION is ordered. Upon review of the evidence as it relates to DR 120 Neglect of Duty, which states in part: A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. The Hearing Officer finds that Officer Tadarrius Bean did violate DR 120 NEGLECT OF DUTY, therefore the charge is SUSTAINED and a TERMINATION is ordered. Upon review of the evidence as it relates to DR 127 Duty to Intervene and Reporting Improper Conduct, which states in part: Any member who directly observes another member engaged in dangerous or criminal conduct or abuse of a subject shall take reasonable action to intervene. A member shall immediately report to the Department any violation of policies and regulations or any other improper conduct which is contrary to the policy, order or directives of the Department. For sworn employees this reporting requirement also applies to allegations of uses of force not yet reported. The Hearing Officer finds that Officer Tadarrius Bean did violate DR 127 DUTY TO INTERVENE AND REPORTING IMPROPER CONDUCT, therefore the charge is SUSTAINED and a TERMINATION is ordered. Upon review of the evidence as it relates to DR 301 Excessive Force/Unnecessary Force, which states in part: Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. The Hearing Officer finds that Officer Tadarrius Bean did violate DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE, therefore the charge is SUSTAINED and a TERMINATION is ordered. TB

Statement of Hearing Officer: #12023-001 (page 8) Upon review of the evidence as it relates to DR 101 Compliance with Regulations, which states in part: Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. The Hearing Officer finds that Officer Tadarrius Bean did violate DR 101 COMPLIANCE WITH REGULATIONS TO WIT: BWC, therefore the charge is SUSTAINED and a 40 DAY suspension is ordered. DR 104 Personal Conducts: SUSTAINED and TERMINATION is ordered. DR 120 Neglect of Duty: SUSTAINED and a TERMINATION is ordered. DR 127 Duty to Intervene and Reporting Improper Conduct: SUSTAINED and TERMINATION is ordered. DR 301 Excessive Force/Unnecessary Force: SUSTAINED and TERMINATION is ordered. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered. TO

Memphis Police Association POLICE LT Essica Cage-Rosario President Memphis Police Association ASSOCIATION 1973 This will serve as the MPA's statement for this administrative hearing. 638 Jefferson Ave. Memphis, TN 38105 January 20, 2023 To Whom It May Concern: The Memphis Police Association (MPA) objects to the Memphis Police Department's decision to proceed with the administrative hearing for Officer Tadarrius Bean prior to the conclusion of the Administrative investigation and/or TBI's investigation. Per Article 14 (MOU Between the MPA and the COM) "A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing". Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. Essica Cage-Rosario, President Matt Cunningham, Vice President Jeremy White, Secretary/Treasurer John Covington, Chief Steward Shannon Bowen, Sergeant at Arms 638 JEFFERSON AVENUE MEMPHPIS, TN 38105 (901) 523-7075 FAX (901) 523-7081

SHELBY MEMPHIS MEMPHIS POLICE DEPARTMENT MEMORANDUM TENNESSEE COUNTY To: Assistant Chief Don Crowe From: Deputy Chief Hardy Assistant Chief Crowe, Subject: Hearing Status Date: 01/20/2023 MEMPHIS On January 20, 2023 at 1715 hrs, the Administrative hearing for Officer Tadarrius Bean # 14711 was held. Deputy Chief Hardy # 3581 was the Hearing Officer. The charges for DR 104 Personal Conduct, DR 120 Neglect of Duty, DR 127 Duty to Intervene and Reporting Improper Conduct, and DR 301 Excessive Force/Unnecessary Force were SUSTAINED and TERMINATION was ordered for all. The charge for DR 101 Compliance with Regulations to wit: BWC was SUSTAINED and a 40 Day suspension is ordered. POLIDEPA ***** TMEN

THE KVI ALL AGRICULTURE SEAL OF Com STATE OF File MMER 1796 NAME: Haley (Last) DEPARTMENT: Memphis Police Department DOC: TENNESS Terminated Discharged Other SEPARATION: This is to notify the POST Commission that the named officer is no longer employed by this department as indicated below: Type of Separation Effective Date (mm/dd/yyyy) Resigned Retired New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: LEAVE: This officer has been granted leave as indicated: From: 01 /08 /2023 To: ✔Administrative Medical Returned to full time status on: From: TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Demetrius Card: 4x6 Officer relieved of duty effective January 8, 2023. FOR POST USE ONLY DOE 3x5 (First) POST 2 (Revised Rules 11/29/92) SF-1051 SUSPENSION: This officer has been suspended for a period of thirty (30) days or more DOB: Educational #: Maternity (Middle) CERTIFICATION NUMBER: To: Reason: to Military 2072-1713 for the following reason(s) Carell. Dans Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

GREAT AGRICULTURE THE XVI SHI TOWE SOMMER 1796 File NAME: Haley (Last) DEPARTMENT: Memphis Police Department TENNESS ✔ Terminated Discharged DOC: Other SEPARATION: This is to notify the POST Commission that the named officer is no longer employed by this department as indicated below: Type of Separation Effective Date (mm/dd/yyyy) Resigned Retired New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: Administrative TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Demetrius Card: 4x6 Medical Returned to full time status on: From: LEAVE: This officer has been granted leave as indicated: To: From: 01 FOR POST USE ONLY DOE 3x5 POST 2 (Revised Rules 11/29/92) SF-1051 (First) DOB: 20 #: , 2023 SUSPENSION: This officer has been suspended for a period of thirty (30) days or more Educational J. (Middle) CERTIFICATION NUMBER: Maternity To: Reason: to Military 2072-1713 for the following reason(s) Carelho J. Dann s Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

Agency Requesting Decertification: Name of Officer: Address: PROST mer AL OF MARKULIA O STANDARD STATE OF * Peace Officer Standards and Training Commission Decertification Request Cerelyn J. Davis Print Name ISME AND TRAINING Memphis Police Department Demetrius Haley 2072-1713 Please check all that apply: 1. Convicted of any state or by federal government of any crime the punishment which could have been imprisonment in a federal or state prison or institution; or PSID#: ☐ 2. Convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor and other alcoholic beverages, controlled substances, or a sufficient number of misdemeanors to establish a pattern of disregard for the law; or 3. Suspended or discharged 30 days or longer, resign in lieu of termination, resign with disciplinary action pending that could have resulted in termination, or discharged by his/her employing law enforcement agency for disciplinary reasons; or 4. Found to have supplied or acquiesced in false information being supplied to the P.O.S.T. Commission regarding eligibility for certification; or 5. Fail to participate in a 40 hour in-service training program each calendar year; or 6. Fail to maintain pre-employment requirements. *All supporting documentation must be attached in order for the P.O.S.T. Commission to proceed. Mail to P.O.S.T. Commission, 3025 Lebanon Rd., Nashville, Tn. 37214 Mail: Cevelu J. Danes 01, 25, 20.23 Signature of Law Enforcement Agency Head Date:

City of Memphis Police Division Inspectional Services Bureau Case # 12023-001 Officer's Name: Haley, Demetrius Rank: Police Officer II Assignment: OCU/Scorpion Unit Statement of Charges DR 104 Personal Conduct: TERMINATION DR 108 Truthfulness: TERMINATION Memphis Police Dept. Human Resources JAN 25 2023 RECEIVED Date of Occurrence: January 7, 2023 Statement of Particulars: Notice is hereby given that you are being charged with violation(s) of policy, law or regulations as shown below: Page 1 of 6 IBM # 14730 DR 120 Neglect of Duty: TERMINATION DR 301 Excessive Force/Unnecessary Force: TERMINATION DR 101 Compliance with Regulations to wit: BWC: 40 DAY SWOP DR 603 Information Concerning Police Business: 40 DAY SWOP Date: January 14, 2023 On January 7, 2023, you and your partners initiated a traffic stop at E. Raines and Ross Road where your partner alerted you of a reckless driver who died at the hospital three days later following a use-of-force incident. You exited your unmarked vehicle stopped in an opposing traffic lane and you forced the driver out of his vehicle while using loud profanity and wearing a black sweatshirt hoodie over your head. You never told the driver the purpose of the vehicle stop or that he was under arrest. Audio from a body worn camera did not capture the driver using profanity or displaying any violent threats. You also were on an active cell phone call where the person overheard the police encounter. After the subject was placed in custody at Castle Gate Lane and Bear Creek Cove, you and other officers were captured on body worn camera making multiple unprofessional comments such as "that muthafucka made me spray myself”, laughing, and bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who took photographs and cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. The report of the victim's death was broadcasted on both local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis.

Page 2 of 6 Your on-duty conduct was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. You were required to complete a Response to Resistance form to provide a truthful account of your use of force during your encounter with a suspect. In your incident summary, you wrote that you heard your partner tell the individual, "Let my gun go!" before he was taken to the ground. You were also heard making the same statement on body-worn camera to your partners in the presence of witness officers. However, video evidence did not support your oral or written statement and your information was deemed untruthful. As a result, two of your other partners also reported an incorrect statement. During your Garrity statement, you were afforded the opportunity to review your use of force narrative and told ISB investigators that the details were correct. You failed to disclose you also kicked the subject while he was on the ground. Your actions place you in violation of DR 108 Truthfulness which states: DR 108 TRUTHFULNESS A member shall not give any information, either oral or written, in connection with any assignment or investigation that is either knowingly incorrect, false, or deceitful. During your first and second encounter with the subject, you sprayed him up close directly in his eyes, and then kicked him while he was on the ground. You failed to recognize the victim's signs of distress and failed to disclose viable information to the responding emergency personnel to render the proper medical attention. According to body worn camera footage, you knew the subject was pepper sprayed, tased, struck with an ASP baton, and kicked. You and your partners also failed to immediately assist the emergency medical personnel with the request to unhandcuff the subject as his condition changed while left unattended on the ground. Your actions place you in violation of DR 120 Neglect of Duty which states: DR 120 NEGLECT OF DUTY A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department.

Page 3 of 6 B. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation. You were the first contact officer on the traffic stop at which time you physically forced the driver from the vehicle and deployed your chemical irritant spray directly up close to the subject's eyes. He ran from you and two of your partners and was later apprehended other members of your unit at Castle Gate Lane and Bear Creek Cove within six minutes. As three of your partners were attempting to handcuff him, you ran up and kicked the individual in the upper torso area. In your Garrity statement, your reason was to loosen the subject's arm who appeared to already be held onto by his arms. Your physical force during the second encounter was not reasonable. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states: DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or themselves from bodily harm. Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. You failed to activate your body worn camera during the first encounter with the involved citizen on the traffic stop. Your body worn camera was functioning properly and did not record the use of force incident in its entirety. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC/ICV which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes

Page 4 of 6 having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. 3. Officers shall record all law-enforcement encounters and tivities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g. "Ma'am/Sir, I am advising you that our interaction is being recorded"). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6. Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV recording (e.g. indoor report calls, crime scenes, and other police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. 7. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: The BWC/ICV will not be used to knowingly record confidential informants or undercover officers.

● Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. • Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event Detail, Blue Crush Detail, or a THSO Detail will be acting as a Uniform Officer and will be governed under the Memphis Police Department's Uniform Patrol Body Worn Camera policy. Page 5 of 6 OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. Officers working in an undercover capacity will not utilize the BWC. On your personal cell phone, you took two photographs while standing in front of the obviously injured subject after he was handcuffed. In your Garrity statement, you admitted you shared the photo in a text message with five (5) people; one civilian employee, two MPD officers, and one female acquaintance. During the administrative investigation, a sixth person was identified as a recipient of the same photograph. Your actions place you in violation of DR 603 Information Concerning Police Business. DR 603 INFORMATION CONCERNING POLICE BUSINESS A member shall not communicate information relating to official police matters without prior approval or subpoena, except to authorized persons. A member shall treat the official business of the Department as confidential. (The officer's disciplinary resume will be reviewed and become a part of this file) Written Response Ordered? # Yes No Sgt. Last D. Craig 20LM "ou bratty Issuing Officer Agt. D. Craig #4164 Charging Officer

I acknowledge receipt of this notice and understand that further investigation may result in additional charges, amendment of the above charges, or dismissal of these charges. I further understand that a written response to these charges at this time is at my discretion unless specifically instructed to file same by the issuing officer. Peuter le Signature of Officer: Was officer relieved of duty? Reviewed by Jaspis Delegated to: Deputy Chief QAL Assistant Chief Yes Page 6 of 6 No 44780 Deputy Chief Work Station Commander Station Bureau A/C Michael Hardy Major AC Crowe / DIC Harde, "Handay

City of Memphis Police Division Inspectional Services Bureau Memphis Police Department VS. Haley, Demetrius IBM: 14730 I. Allegation You used excessive force to apprehend a non-violent subject following a traffic stop where the person sustained critical injuries and later expired. Your on-duty conduct was unbecoming, and you neglected your duty to render aid and provide viable details to the emergency medical personnel. You failed to record the event in its entirety on your body worn camera, later shared an unauthorized photo of the injured subject while in police custody, and you provided an untruthful report and oral statement. Rules, regulations or orders violated. Administrative Summons DR 104 Personal Conduct DR 108 Truthfulness DR 120 Neglect of Duty DR 301 Excessive Force/Unnecessary Force DR 101 Compliance with Regulations to wit: BWC DR 603 Information Concerning Police Business II. Hearing Date: Friday, January 20, 2023 Place: 2714 Union Ave Ext. Suite 700 Time: 1:00p.m. You are entitled to representation during this hearing. Served by: Date: 1/14/2023 Date: January 14, 2023 ISB Case #: 12023-001 Lt. J.K. Morris / IAB / 1844 Name/Rank/Assignment/IBM Signature of Officer: Time: 9:12a.m. ملا Diena 14730 YOUR ATTENDANCE AT THE HEARING NOTICED HEREIN IS REQUIRED, UNLESS EXCUSED DUE TO A MEDICAL EMERGENCY. FAILURE TO ATTEND WILL BE CONSTRUED BY THE HEARING OFFICER AS A WAIVER OF YOUR RIGHT TO BE HEARD. ATTENDANCE WILL BE EXCUSED DUE TO A MEDICAL EMERGENCY IN THE SOLE DISCRETION OF THE HEARING OFFICER, AND ONLY IF YOU HAVE Page: 1

DELIVERED, OR CAUSED TO BE DELIVERED, TO THE HEARING OFFICER, PRIOR TO THE HEARING DATE, A WRITTEN STATEMENT OF MEDICAL CONDITION, PREPARED AND SIGNED BY THE YOUR TREATING PHYSICIAN, DESCRIBING YOUR MEDICAL CONDITION AND ADVISING THAT YOU ARE NOT ABLE TO ATTEND THE HEARING AS A RESULT OF SAID CONDITION. Page: 2

Hearing: January 20, 2023 Date Attended by: PII Demetrius Haley #14730 Lt. Essica Cage-Rosario #1705 Action Ordered: HEARING SUMMARY FORM #12023-001 1300 hrs Time Statement of Hearing Officer: On Friday, January 20, 2023, at 1300 hrs., an Administrative Hearing was conducted for Officer Demetrius Haley 14730, resulting from a Statement of Charges issued to Officer Haley by the ISB for violations of DR 104 Personal Conduct, DR 108 Truthfulness, DR 120 Neglect of Duty, DR 301 Excessive Force/Unnecessary Force, DR 101 Compliance with Regulations to wit: BWC and DR 603 Information Concerning Police Business. Statement of Hearing Officer Continue: (See Page 2) Will ✓Will Date Location: 2714 Union Ave Ext, Suite 700 DR 104 Personal Conducts: SUSTAINED and TERMINATION is ordered. DR 108 Truthfulness: SUSTAINED and TERMINATION is ordered. DR 120 Neglect of Duty: SUSTAINED and TERMINATION is ordered. DR 301 Excessive Force/Unnecessary Force: SUSTAINED and TERMINATION is ordered. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered Any employee holding a position not exempted from the provisions of Article 34 Civil Service, and not in the initial probationary period, who has been suspended in excess of ten, (10) days, terminated, or demoted, may appeal to the Civil Service Commission within ten, (10) calendar days after notification in writing of such action. In the event of multiple suspensions, only that suspension which causes the total number of days suspended to exceed five, (5) days within a six month period, and any subsequent suspension within said period shall be appeal able to the Commission. If the disciplinary action is 10 days or less, the officer may submit to a grievance procedure or an internal appeal, but not to both. Hearing Officer: Deputy Chief M. Hardy #3581 DR 603 Information Concerning Police Business: SUSTAINED and a 40 Day is ordered. D/C MA Hearing Office In addition Chapter I Section 5 page 4 states in part: "Commissioned police officers with a status of suspension, probation, nonenforcement, relieved of duty, or leave of absence are not permitted to engage in any Secondary Employment and/or any Off Duty Security Employment where the officer's status is dependant on his/her state commissioned status. No commissioned police officer is permitted to engage in any Secondary Employment and/or Off duty Security Employment for a period of thirty (30) days after the final disposition of (1) any sustained Statement of Charges for violation of the Sick Abuse policy or (2) any sustained Statement of Charges resulting in a suspension and/or reduction in rank" Notification will be made to the Secondary Employment Office regarding this suspension. Violation of the above listed policy could result in additional charges. Appeal: Will Not Grievance: Will Not Be Filed Be Filed I understand that by requesting the grievance procedure that I am waiving my right to recourse through the Internal or Civil Service Commission Appeal Process. ¹/2012023 Employee Signature Distribution: MPD Human Resources, Branch Commander/Division Commander, Precinct HSF 07/07 он

Statement of Hearing Officer: #12023-001 (page 2) Hearing participants were Officer Demetrius Haley, Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). Prior to this hearing, Officer Haley had been made aware of the pending charges by being served an Administrative Summons and a copy of the Statement of Charges on January 16, 2023, which he did sign acknowledging receipt and was provided with a copy. The charges stem from a complaint regarding allegations that on January 7, 2023, you and your partners initiated a traffic stop at E. Raines and Ross Road, where your partner alerted you of a reckless driver who died at the hospital three days later following a use-of-force incident. You exited your unmarked vehicle, stopped in an opposing traffic lane and you force the driver out of his vehicle while using loud profanity and wearing a black sweatshirt hoodie over your head. You never told the driver the purpose of the vehicle stop or that he was under arrest. Audio from a body worn camera did not capture the driver using profanity or displaying any violent threats. You also were on an active cell phone call where the person overheard the police encounter. After the subject was placed in custody at Castle Gate Lane and Bear Creek Cove, you and other officers were captured on body worn camera making multiple unprofessional comments such as such as “that muthafucka made me spray myself', laughing, and bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who took photographs and cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. The report of the victim's death was broadcasted on both local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis. Your on-duty conduct was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. You were required to complete a Response to Resistance form to provide a truthful account of your use of force during your encounter with a suspect. In your incident summary, you wrote that you heard your partner tell the individual, “Let my gun go!" before he was taken to the ground. You were also heard making the same statement on body-worn camera to your partners in the presence of witness officers. However, video evidence did not support your oral or written statement and your information was deemed untruthful. As a result, two of your other partners also reported an incorrect statement. During your Garrity statement, you were afforded the opportunity to review your use of force narrative and told ISB investigators that the details were correct. You failed to disclose you also kicked the subject while he was on the ground. Your actions place you in violations of DR 108 Truthfulness which states: DR 108 TRUTHFULNESS A member shall not give any information, either oral or written, in connection with any assignment or investigation that is either knowingly incorrect, false, or deceitful. DH

Statement of Hearing Officer: #12023-001 (page 3) During your first and second encounter with the subject, you sprayed him up close directly in his eyes, and then kicked him while he was on the ground. You failed to recognize the victim's signs of distress and failed to disclose viable information to the responding emergency personnel to render proper medical attention. You and your partners also failed to immediately assist the emergency medical personnel with the request to unhandcuff the subject as his condition changed while left unattended on the ground. Your actions place you in violation of DR 120 Neglect of Duty which states: DR 120 NEGLECT OF DUTY A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether onduty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. B. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation. You were the first contact officer on the traffic stop at which time you physically forced the driver from the vehicle and deployed your chemical irritant spray directly up close to the subject's eyes. He ran from you and two of your partners and was later apprehended at Castle Gate Lane and Bear Creek Cove within six minutes. As three of your partners were attempting to handcuff him, you kicked the individual in the upper torso area. In your Garrity statement, which is included in the ISB File and incorporated herein, your reason was to loosen the subject's arm who appeared to already be held onto by his arms. Your physical force during the second encounter was not reasonable. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states: DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or themselves from bodily harm. ри

Statement of Hearing Officer: #12023-001 (page 4) Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. You failed to activate your body worn camera during the first encounter with the involved citizen on the traffic stop. Your body worn camera was functioning properly and did not record the use of force incident in its entirety. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. 3. Officers shall record all law-enforcement encounters and activities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g., “Ma'am/Sir, I am advising you that our interaction is being recorded”). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or in a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6. Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. он

Statement of Hearing Officer: #12023-001 (page 5) Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV recording (e.g. indoor report calls, crime scenes, and other police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. 7. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: ● → The BWC/ICV will not be used to knowingly record confidential informants or undercover officers. Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event Detail, Blue Crush Detail, or a THSO Detail will be acting as a Uniform Officer and will be governed under the Memphis Police Department's Uniform Patrol Body Worn Camera policy. OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. Officers working in an undercover capacity will not utilize the BWC. DH

Statement of Hearing Officer: #12023-001 (page 6) On your personal cell phone, you took two photographs while standing in front of the obviously injured subject after he was handcuffed. In your Garrity statement, you admitted you shared the photo in a text message with five (5) people; one civilian employee, two MPD officers, and one female acquaintance. During the administrative investigation, a sixth person was identified as a recipient of the same photograph. Your actions place you in violation of DR 603 Information Concerning Police Business which states: DR 603 INFORMATION CONCERNING POLICE BUSINESS A member shall not communicate information relating to official police matters without prior approval or subpoena, except to authorized persons. A member shall treat the official business of the Department as confidential. At the beginning of the Administration Hearing, Lt. Cage-Rosario informed the Hearing Officer that Officer Haley would like to waive his rights to have each charge read in detail. During the Administrative Hearing on January 20, 2023, Officer Demetrius Haley was informed by the Hearing Officer that he is now afforded the opportunity to make a statement. Officer Haley responded, "No Sir", indicating that he did not wish to make a statement. Hearing Officer asked Officer Haley did he give TBI a statement? Officer Haley responded, “No Sir”. Hearing Officer asked Officer Haley did he give TBI a written statement. Officer Haley responded, "No Sir”. Lt. Cage-Rosario (MPA Representative) was asked if she would like to make a statement. Lt. CageRosario read a written statement which will be included in the Administrative File, "To Whom it May Concern, The Memphis Police Association (MPA) objects to the Memphis Police Department's decision to proceed with the administrative hearing for Officer Elemen prior to the conclusion of the Administrative investigation and/or TBI's investigation. Per Article 14 (MOU Between the MPA and the COM), 'A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing. Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. This will serve as the MPA's statement for this administrative hearing. Hearing Officer convened the hearing on 01/20/2023 at 1315 hrs, without rendering a decision. Hearing reconvened on 01/20/2023 at 1750 hrs. In attendance were Officer Demetrius Haley, Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). он

Statement of Hearing Officer: #12023-001 (page 7) In conclusion, the Hearing Officer carefully reviewed all documents related to each alleged violations of the listed DRs by Officer Haley, including the Garrity statements of all the charged officers and the Response to Resistance forms. The Garrity statements made by you and the other charged officers are not consistent with each other and are not consistent with the publicly known injuries and death of Mr. Nichols. Hearing Officer additionally considered the statement made by Lt. Cage-Rosario. Upon review of the evidence as it relates to DR104 Personal Conduct, which states in part: The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. The Hearing Officer finds that Officer Demetrius Haley did violate DR 104 Personal Conduct, therefore the charge is SUSTAINED and a TERMINATION is ordered. Upon review of the evidence as it relates to DR108 Truthfulness, which states in part: A member shall not give any information, either oral or written, in connection with any assignment or investigation that is either knowingly incorrect, false, or deceitful. The Hearing Officer finds that Officer Demetrius Haley did violate DR108 TRUTHFULNESS, therefore the charge is SUSTAINED and a TERNMINATION is ordered. Upon review of the evidence as it relates to DR 120 Neglect of Duty, which states in part: A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. The Hearing Officer finds that Officer Demetrius Haley did violate DR 120 NEGLECT OF DUTY, therefore the charge is SUSTAINED and TERMINATION is ordered. Upon review of the evidence as it relates to DR 301 Excessive Force/Unnecessary Force, which states in part: Excessive Force/Unnecessary is defined as the amount of force which is beyond the Du

Statement of Hearing Officer: #12023-001 (page 8) need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. The Hearing Officer finds that Officer Demetrius Haley did violate DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE, therefore the charge is SUSTAINED and TERMINATION is ordered. Upon review of the evidence as it relates to DR 101 Compliance with Regulations, which states in part: Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. The Hearing Officer finds that Officer Demetrius Haley did violate DR 101 COMPLIANCE WITH REGULATIONS TO WIT: BWC, therefore the charge is SUSTAINED and a 40 Day suspension is ordered. Upon review of the evidence as it relates to DR 603 Information Concerning Police Business, which states in part: A member shall not communicate information relating to official police matters without prior approval or subpoena, except to authorized persons. A member shall treat the official business of the Department as confidential. The Hearing Officer finds that Officer Demetrius Haley did violate DR 603 INFORMATION CONCERNING POLICE BUSINESS, therefore the charge is SUSTAINED and a TERMINIATION is ordered. DR 104 Personal Conducts: SUSTAINED and TERMINATION is ordered. DR 108 Truthfulness: SUSTAINED and TERMINATION is ordered. DR 120 Neglect of Duty: SUSTAINED and a TERMINATION is ordered. DR 301 Excessive Force/Unnecessary Force: SUSTAINED and TERMINATION is ordered. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered. DR 603 Information Concerning Police Business: SUSTAINED and a 40 Day suspension is ordered. D4 ठ

Memphis Police Association January 20, 2023 LT Essica Cage-Rosario President Memphis Police Association POLICE 638 Jefferson Ave. Memphis, TN 38105 ASSOCIATION 1973 To Whom It May Concern: The Memphis Police Association (MPA) objects to the Memphis Police Department's decision to proceed with the administrative hearing for Officer Demetrius Haley prior to the conclusion of the Administrative investigation and/or TBI's investigation. Per Article 14 (MOU Between the MPA and the COM)" A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing". Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. This will serve as the MPA's statement for this administrative hearing. Essica Cage-Rosario, President Matt Cunningham, Vice President Jeremy White, Secretary/Treasurer John Covington, Chief Steward Shannon Bowen, Sergeant at Arms 638 JEFFERSON AVENUE MEMPHPIS, TN 381051 (901) 523-7075 FAX (901) 523-7081

SHELBY MEMPHIS TENNESSEE COUNTY MEMPHIS POLICE DEPARTMENT MEMORANDUM To: Assistant Chief Don Crowe From: Deputy Chief Hardy Assistant Chief Crowe, Subject: Hearing Status Date: 01/20/2023 MEMPHIS 07 On January 20, 2023 at 1750 hrs, the Administrative hearing for Officer Demetrius Haley #14730 was held. Deputy Chief Hardy #3581 was the Hearing Officer. The charges for DR 104 Personal Conduct, DR 108 Truthfulness, DR 120 Neglect of Duty, DR 301 Excessive Force/Unnecessary Force, and DR 603 Information Concerning Police Business were SUSTAINED and TERMINATION was ordered for all. POLICE The charge for DR 101 Compliance with Regulations to wit: BWC was SUSTAINED and a 40 Day suspension is ordered. DEPAR ****** RTMENT

GREATSE AGRICULTURE STAT NAME: XVI SOMMER 1796 File Smith (Last) DEPARTMENT: Memphis Police Department DOC: Terminated Discharged SEPARATION: This is to notify the POST Commission that the named officer is no longer employed by this department as indicated below: Type of Separation Effective Date (mm/dd/yyyy) Resigned Retired Other New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: Administrative LEAVE: This officer has been granted leave as indicated: From: 01 /08 /2023 To: Medical Returned to full time status on: TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Justin (First) From: Card: 4x6 Officer relieved of duty effective January 8, 2023. FOR POST USE ONLY DOE 3x5 SUSPENSION: This officer has been suspended for a period of thirty (30) days or more POST 2 (Revised Rules 11/29/92) F-1051 1 Educational Maternity DOB: L. (Middle) CERTIFICATION NUMBER: To: Reason: Military 0775-3619 for the following reason(s) "Cavellon J. Daino Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

THE GREAT SEAL OF THE AGRICULTURE File XVI COM OMMER 1796 NAME: Smith (Last) DEPARTMENT: Memphis Police Department DOC: E Retired Terminated SEPARATION: This is to notify the POST Commission that the named officer is no longer employed by this department as indicated below: Type of Separation Effective Date (mm/dd/yyyy) Resigned Discharged Other New Employer, if known CHANGE OF NAME/RANK: From Effective Date of Change: Administrative TENNESSEE PEACE OFFICER STANDARDS AND TRAINING COMMISSION CHANGE OF STATUS Justin (First) LEAVE: This officer has been granted leave as indicated: From: To: Medical Returned to full time status on: From: Card: 4x6 01 FOR POST USE ONLY DOE 3x5 POST 2 (Revised Rules 11/29/92) SF-1051 ,20 2023 DOB: Educational SUSPENSION: This officer has been suspended for a period of thirty (30) days or more L. (Middle) CERTIFICATION NUMBER: Maternity To: Reason: to Military 0775-3619 for the following reason(s) Cerebond. Dann Signature of Agency Head Cerelyn J. Davis Print/Type Name of Agency Head Memphis Police Department AGENCY RDA 1494

Address: Please check all that apply: TAL AL POST codec of TATE OF T METU 2 ms STANDARDS proceed. Mail CONVER Cerelyn J. Davis Print Name + Peace Officer Standards and Training Commission Decertification Request Agency Requesting Decertification: Memphis Police Department Justin L. Smith 0775-3619 Name of Officer: NESSEE D TRAINING AND 1. Convicted of any state or by federal government of any crime the punishment which could have been imprisonment in a federal or state prison or institution; or PSID#: 2. Convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor and other alcoholic beverages, controlled substances, or a sufficient number of misdemeanors to establish a pattern of disregard for the law; or 3. Suspended or discharged 30 days or longer, resign in lieu of termination, resign with disciplinary action pending that could have resulted in termination, or discharged by his/her employing law enforcement agency for disciplinary reasons; or 4. Found to have supplied or acquiesced in false information being supplied to the P.O.S.T. Commission regarding eligibility for certification; or 5. Fail to participate in a 40 hour in-service training program each calendar year; or 6. Fail to maintain pre-employment requirements. *All supporting documentation must be attached in order for the P.O.S.T. Commission to to P.O.S.T. Commission, 3025 Lebanon Rd., Nashville, Tn. 37214 Wehru J. Dame Signature of Law Enforcement Agency Head Date: 25, 2023 L,

City of Memphis Police Division Inspectional Services Bureau Case # 12023-001 Officer's Name: Smith, Justin L. Rank: Police Officer II Statement of Charges Assignment: OCU/Scorpion Unit - Memphis Police Dept. Human Resources JAN 25 2023 RECEIVED Date of Occurrence: January 7, 2023 Statement of Particulars: Page 1 of 5 IBM # 13999 Notice is hereby given that you are being charged with violation(s) of policy, law or regulations as shown below: Date: January 14, 2023 DR 104 Personal Conduct: TERMINATION DR 120 Neglect of Duty: TERMINATION DR 127 Duty to Intervene and Reporting Improper Conduct: TERMINATION DR 301 Excessive Force/Unnecessary Force: TERMINATION DR 101 Compliance with Regulations to wit: BWC: 40 DAY SWOP On January 7, 2023, you and your partners apprehended a fleeing non-violent individual at Castle Gate Lane and Bear Creek Cove. After the subject was placed in custody, and other officers were captured on body worn camera making multiple unprofessional comments, laughing, and bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who took photographs and cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. The report of the victim's death was broadcasted on both local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis. Your on-duty conduct was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, "0

Page 3 of 5 301 Excessive Force/Unnecessary Force which states: Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states: DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or themselves from bodily harm. Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. Your body worn camera was not activated during your initial interaction to apprehend the male subject. Your body worn camera was functioning properly and you did not record the event in its entirety. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. 3. Officers shall record all law-enforcement encounters and activities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an

Page 4 of 5 officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g. "Ma'am/Sir, I am advising you that our interaction is being recorded"). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or in a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6. Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV recording (e.g. indoor report calls, crime scenes, and other police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. 7. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: The BWC/ICV will not be used to knowingly record confidential informants or undercover officers. Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. • Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event Detail, Blue Crush Detail, or a THSO Detail will be acting as a Uniform Officer and will be governed under the Memphis Police Department's Uniform Patrol Body Worn Camera policy.

OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. Officers working in an undercover capacity will not utilize the BWC. (The officer's disciplinary resume will be reviewed and become a part of this file) 20 дкм Written Response Ordered? No Yes Issuing Officer Was officer relieved of duty? Reviewed by: Assistant Chief Delegated to: Deputy Chief El Achinf Charging Officer Sgt. D. Craig #41164 I acknowledge receipt of this notice and understand that further investigation may result in additional charges, amendment of the above charges, or dismissal of these charges. I further understand that a written response to these charges at this time is at my discretion unless specifically instructed to file same by the issuing officer. 13999 Signature of Officer: Yes Page 5 of 5 No Deputy Chief 1844 Station/Bureau Work Station Commander D/C Michael Hardy Major/Lt. Colonel/Colonel Al Crome / D. Hunde,

City of Memphis Police Division Inspectional Services Bureau Memphis Police Department VS. Smith, Justin IBM: 13999 Administrative Summons I. Allegation You used excessive force and restrained movement of a subject as your partner punched him multiple times and the person sustained critical injuries and later expired. Your onduty 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. You also had a duty to intervene when you observed the unnecessary force conducted by a member of your team. You failed to record the event in its entirety on your body worn camera. II. Rules, regulations or orders violated. III. Hearing DR 104 Personal Conduct DR 120 Neglect of Duty DR 127 Duty to Intervene and Reporting Improper Conduct DR 301 Excessive Force/Unnecessary Force DR 101 Compliance with Regulations to wit: BWC Date: January 14, 2023 ISB Case #: 12023-001 Date: Friday, Jan warn 20, 2023 Place: 214nion Ave Ext Suite 700 Time: 12:00 P.M. You are entitled to representation during this hearing. 1/14/23 Signature of Officer: Served by: Lt. J.K. Morris / IAB / 1844 Name/Rank/Assignment/IBM Date: Time: 81569.m. Jaben YOUR ATTENDANCE AT THE HEARING NOTICED HEREIN IS REQUIRED, UNLESS EXCUSED DUE TO A MEDICAL EMERGENCY. FAILURE TO ATTEND WILL BE CONSTRUED BY THE HEARING OFFICER AS A WAIVER OF YOUR RIGHT TO BE HEARD. ATTENDANCE WILL BE EXCUSED DUE TO A MEDICAL EMERGENCY IN THE SOLE DISCRETION OF THE HEARING OFFICER, AND ONLY IF YOU HAVE /3999 Page: 1

DELIVERED, OR CAUSED TO BE DELIVERED, TO THE HEARING OFFICER, PRIOR TO THE HEARING DATE, A WRITTEN STATEMENT OF MEDICAL CONDITION, PREPARED AND SIGNED BY THE YOUR TREATING PHYSICIAN, DESCRIBING YOUR MEDICAL CONDITION AND ADVISING THAT YOU ARE NOT ABLE TO ATTEND THE HEARING AS A RESULT OF SAID CONDITION. Page: 2

Hearing: January 20, 2023 Date Action Ordered: Attended by: PII Justin Smith # 13999 Hearing Officer: Deputy Chief M. Hardy # 3581 Lt. Essica Cage-Rosario #1705 Statement of Hearing Officer: On Friday, January 20, 2023, at 1200 hrs., an Administrative Hearing was conducted for Officer Justin Smith #13999, resulting from a Statement of Charges issued to Officer Smith by the ISB for violations of DR 104 Personal Conduct, DR 120 Neglect of Duty, DR 127 Duty to Intervene and Reporting Improper Conduct, DR 301 Excessive Force/Unnecessary Force and DR 101 Compliance with Regulations to wit: BWC. Grievance: HEARING SUMMARY FORM #12023-001 ✓ 1200 hrs Time 91-20-23 Date p/c Hearing Officer Any employee holding a position not exempted from the provisions of Article 34 Civil Service, and not in the initial probationary period, who has been suspended in excess of ten, (10) days, terminated, or demoted, may appeal to the Civil Service Commission within ten, (10) calendar days after notification in writing of such action. In the event of multiple suspensions, only that suspension which causes the total number of days suspended to exceed five, (5) days within a six month period, and any subsequent suspension within said period shall be appeal able to the Commission. If the disciplinary action is 10 days or less, the officer may submit to a grievance procedure or an internal appeal, but not to both. Will In addition Chapter I Section 5 page 4 states in part: "Commissioned police officers with a status of suspension, probation, nonenforcement, relieved of duty, or leave of absence are not permitted to engage in any Secondary Employment and/or any Off Duty Security Employment where the officer's status is dependant on his/her state commissioned status. No commissioned police officer is permitted to engage in any Secondary Employment and/or Off duty Security Employment for a period of thirty (30) days after the final disposition of (1) any sustained Statement of Charges for violation of the Sick Abuse policy or (2) any sustained Statement of Charges resulting in a suspension and/or reduction in rank" Notification will be made to the Secondary Employment Office regarding this suspension. Violation of the above listed policy could result in additional charges. ✓ Will Not Be Filed Appeal: Will Location: 2714 Union Ave Ext, Suite 700 DR 104 Personal Conducts: SUSTAINED and TERMINATION is ordered. DR 120 Neglect of Duty: SUSTAINED and TERMINATION is ordered. DR 127 Duty to Intervene and Reporting Improper Conduct: SUSTAINED and TERMINATION is ordered. DR 301 Excessive Force/Unnecessary Force: SUSTAINED and TERMINATION is ordered. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered. Will Not Be Filed I understand that by requesting the grievance procedure that I am waiving my right to recourse through the Internal or Civil Service Commission Appeal Process. dan Employee Signature Distribution: MPD Human Resources, Branch Commander/Division Commander, Precinct HSF 07/07 JLS

Statement of Hearing Officer: #12023-001 (page 2) Hearing participants were Officer Justin Smith, Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). Prior to this hearing, Officer Smith had been made aware of the pending charges by being served an Administrative Summons on January 16, 2023, which he did sign acknowledging receipt and was provided with a copy. The charges stem from a complaint regarding allegations that on January 7, 2023, you and your partners apprehended a fleeing non-violent individual at Castle Gate Lane and Bear Creek Cove. After the subject was placed in custody, and you other officers were captured on body worn camera making multiple unprofessional comments, laughing, bragging about your involvement. Your conversation and lack of concern for the injured subject was witnessed by a civilian who photographed and recorded cell phone video. The civilian's viewpoint was you and your partners left the injured subject lying on the ground, handcuffed and unattended. The report of the victim's death was broadcasted on both the local and national media sites. The release of any digital evidence of you and your partners' actions will shed a bad light on the Department and City of Memphis. Your on-duty conduct was unjustly, blatantly unprofessional and unbecoming for a sworn public servant. Your actions place you in violation of DR 104 Personal Conduct which states: DR 104 PERSONAL CONDUCT The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. During your encounter with the subject, you held the subject by one of his arms while one of your partners pepper sprayed him then excessively struck him with ASP baton. Your other partner punched and kicked the non-violent subject. You failed to recognize the victim's signs of distress and failed to disclose viable information to the responding emergency personnel to render the proper medical attention. You and your partners also failed to immediately assist the emergency personal with the request to unhandcuff the subject as his condition changed while left unattended on the ground. In your Garrity statement, you stated you have an EMT certifications. This fact further support the finding of the investigatioin. Your actions place you in violation of DR 120 Neglect of Duty which states: DR 120 NEGLECT OF DUTY A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether onduty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. JLS

Statement of Hearing Officer: #12023-001 (page 3) B. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation. During your encounter with a non-violent subject who was not complying with being handcuffed you held the subject by one of his arms while one of your partners pepper sprayed him then excessively struck him with ASP baton multiple times. You also witnessed another officer punch and kick the nonviolent subject multiple times. You failed to take reasonable action to stop the excessive and unnecessary use of force as the subject was not armed and only evading arrest on foot for a traffic violation. Your actions place you in violation of DR 127 Duty to Intervene and Reporting Improper Conduct which states: DR 127 DUTY TO INTERVENE AND REPORTING IMPROPER CONDUCT Any member who directly observes another member engaged in dangerous or criminal conduct or abuse of a subject shall take reasonable action to intervene. A member shall immediately report to the Department any violation of policies and regulations or any other improper conduct which is contrary to the policy, order or directives of the Department. For sworn employees this reporting requirement also applies to allegations of uses of force not yet reported. In your Garrity Statement, you admitted you struck an unarmed and non-violent subject with a closed fist two to three times in the face because you and your partner were unable to handcuff him. Your actions were captured on video evidence. You sprayed the subject with your chemical irritant spray and also held the individual's arm while other officers kicked, punched, and pepper sprayed him several times. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states: DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject's crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or themselves from bodily harm. Officers shall never use force or violence that is unprovoked, needless, or not required during performance of their duties when making an arrest or in dealing with a prisoner or any person. Your body worn camera was not activated during your initial interaction to apprehend the male subject. Your body worn camera was functioning properly and you did not record the event in it's JLS

Statement of Hearing Officer: #12023-001 (page 4) entirety. Your actions place you in violation of DR 101 Compliance with Regulations to wit: BWC which states: DR 101 COMPLIANCE WITH REGULATIONS Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. 2. Officers shall activate their BWC when responding to all calls for service prior to making the scene of a dispatched call. In the event that recording was not started prior to making the scene of a dispatched call, an officer will activate the device as soon as reasonably possible. 3. Officers shall record all law-enforcement encounters and activities. Calls for service, self-initiated events (specials), and citizen contacts while not engaged in police activity are to be documented via BWC. It is not necessary for an officer to record in a constant state, but is required when his/her duties are being performed and allowed when otherwise prudent. It should be understood that under no circumstance shall an officer's safety be compromised in an effort to record an event. 4. Unless unsafe, impractical, or impossible, officers shall inform subjects that they are being recorded at the beginning of the contact (e.g., “Ma'am/Sir, I am advising you that our interaction is being recorded”). 5. It should be understood that even when individuals are in various stages of undress, medically incapacitated, or in a location where video would otherwise be prohibited, BWC recording should continue. Videos will be redacted in a manner to reasonably protect privacy. 6. Once a recording event begins, the BWC shall remain activated until the event has concluded in order to conserve the integrity of the recording. Once an event has concluded, an officer will mark the conclusion of the recording verbally after clearing the call/special. In cases of arrest, an officer shall continue recording until custody is transferred. Exceptions: Should an officer have an activated BWC and respond to a call inside of a location that is out of view of the ICV system, the officer may discontinue the ICV recording (e.g. indoor report calls, crime scenes, and other police related events). Should the call progress back towards the car and contact with another individual is made, the event should be recorded by the ICV system. JLS

Statement of Hearing Officer: #12023-001 (page 5) 7. Officers will document the fact that a BWC video was or was not captured on all incident reports, arrest tickets, misdemeanor citations, summons, and traffic citations. This documentation will be referenced by the Computer Aided Dispatch number written on/in the document. In the event that the BWC was not activated, terminated early, or otherwise interrupted, a supervisor will be immediately notified. D. OCU Procedures Members of the Criminal Apprehension Team (CAT) and Gang Response Team (GRT) will utilize the Body Worn Camera (BWC) when performing daily enforcement. 1. The BWC will not be activated for the following: The BWC/ICV will not be used to knowingly record confidential informants or undercover officers. • Officers will not record any type of tactical briefings, IE Search Warrants, Rips, Reversals, Prostitution Stings, etc. • Officers will not record any aspects of training, unless specifically requested to do so by the OCU Commander. The BWC will not be used during undercover operations. 2. OCU Personnel Working Non-OCU related details: Any OCU officer working overtime in a Uniform Patrol Station, Special Event Detail, Blue Crush Detail, or a THSO Detail will be acting as a Uniform Officer and will be governed under the Memphis Police Department's Uniform Patrol Body Worn Camera policy. OCU officers will store their BWC cameras inside the MPD approved BWC cabinet that is located within their assigned workstation. Whenever OCU officer(s) choose to work a Non-OCU related detail, it is the officers' responsibility to notify his/her immediate supervisor, in advance, in order to pick up his/her assigned BWC. When an officer takes control of his/her BWC for a detail, he/she should ensure the camera is taken to a work station to be docked until the camera is ready to be utilized. Officers working in an undercover capacity will not utilize the BWC. At the beginning of the Administration Hearing, Lt. Cage-Rosario informed the Hearing Officer that Officer Smith would like to waive his rights to have each charge read in detail. JLS

Statement of Hearing Officer: #12023-001 (page 6) During the Administrative Hearing on January 20, 2023, Officer Justin Smith was informed by the Hearing Officer that he is now afforded the opportunity to make a statement. Officer Smith responded, "Per my attorney's advice, I will not be making a statement today and will submit this (copy of letter)." Hearing Officer was handed a notarized type-written statement which will become a part of the Administrative file and is attached. Hearing Officer asked Officer Smith did he give TBI a verbal statement? Officer Smith responded, "No Sir". Hearing Officer asked Officer Smith did he give TBI a written statement. Officer Smith responded, "No Sir". Hearing Officer asked Officer Smith if he wished to make any further statement, and Officer Smith declined to make a statement. In conclusion, the Hearing Officer carefully reviewed all documents related to each alleged violations of the listed DRs by Officer Smith, including the Garrity statements of all the charged officers and the Response to Resistance forms. The Garrity statements made by you and the other charged officers are not consistent with each other and are not consistent with the publicly known injuries and death of Mr. Nichols. Hearing Officer additionally considered the statement made by Lt. Cage-Rosario Lt. Cage-Rosario (MPA Representative) was asked if she would like to make a statement. Lt. CageRosario stated, "To Whom it May Concern, The Memphis Police Association (MPA) objects to the Memphis Police Department's decision to proceed with the administrative hearing for Officer Justin Smith prior to the conclusion of the Administrative investigation and/or TBI's investigation. Per Article 14 (MOU Between the MPA and the COM), ‘A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing. Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. This will serve as the MPA's statement for this administrative hearing. Hearing Officer convened the hearing on 01/20/2023 at 1215 hrs, without rendering a decision. Hearing reconvened on 01/20/2023 at 1740 hrs. In attendance were Officer Justin Smith, Lt. Essica Cage-Rosario (MPA) and Deputy Chief M. Hardy (Hearing Officer). In conclusion, the Hearing Officer carefully reviewed all documents related to each alleged violations of the listed DRs by Officer Smith, including the Garrity statements of all the charged officers and the Response to Resistance forms. The Garrity statements made by you and the other charged officers are JLS

Statement of Hearing Officer: #12023-001 (page 7) not consistent with each other and are not consistent with the publicly known injuries and death of Mr. Nichols. Hearing Officer additionally considered the statement made by Lt. Cage-Rosario Upon review of the evidence as it relates to DR104 Personal Conduct, which states in part: The conduct of each member, both on and off-duty, is expected to be such that it will not reflect adversely on other members, the Department, the City of Memphis, or the law enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department. The Hearing Officer finds that Officer Justin Smith did violate DR 104 Personal Conduct, therefore the charge is SUSTAINED and TERMINATION is ordered. Upon review of the evidence as it relates to DR 120 Neglect of Duty, which states in part: A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department. lect of The Hearing Officer finds that Officer Justin Smith did violate DR 120 NEGLECT OF DUTY, therefore the charge is SUSTAINED and a TERMINATION is ordered. Upon review of the evidence as it relates to DR 127 Duty to Intervene and Reporting Improper Conduct, which states in part: Any member who directly observes another member engaged in dangerous or criminal conduct or abuse of a subject shall take reasonable action to intervene. A member shall immediately report to the Department any violation of policies and regulations or any other improper conduct which is contrary to the policy, order or directives of the Department. For sworn employees this reporting requirement also applies to allegations of uses of force not yet reported. The Hearing Officer finds that Officer Justin Smith did violate DR 127 DUTY TO INTERVENE AND REPORTING IMPROPER CONDUCT, therefore the charge is SUSTAINED and TERMINATION is ordered. Upon review of the evidence as it relates to DR 301 Excessive Force/Unnecessary Force, which states in part: Excessive Force/Unnecessary is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life. JLS

Statement of Hearing Officer: #12023-001 (page 8) The Hearing Officer finds that Officer Justin Smith did violate DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE, therefore the charge is SUSTAINED and TERMINIATION is ordered. Upon review of the evidence as it relates to DR 101 Compliance with Regulations, which states in part: Disciplinary action may be taken for, but not limited to, violations of the stated policy, rules, regulations, orders, or directives of the Department. B. Use of BWC During the Shift 1. An officer shall at all times during his/her shift have BWC equipment ready to record police interactions with those they may encounter. This state of readiness includes having the BWC on and in standby mode. Officers shall attempt to maintain a clear, level, and unobstructed forward-facing view. Officers shall attempt to keep the microphone portion of the device unobstructed in order to accurately record audio. The Hearing Officer finds that Officer Justin Smith did violate DR 101 COMPLIANCE WITH REGULATIONS TO WIT: BWC, therefore the charge is SUSTAINED and a 40 Day suspension is ordered. DR 104 Personal Conducts: SUSTAINED and TERMINATION is ordered. DR 120 Neglect of Duty: SUSTAINED and TERMINATION is ordered DR 127 Duty to Intervene and Reporting Improper Conduct: SUSTAINED and TERMINATION is ordered. DR 301 Excessive Force/Unnecessary Force: SUSTAINED and TERMINATION is ordered. DR 101 Compliance with Regulations to wit: BWC: SUSTAINED and a 40 Day suspension is ordered. JLS

Memphis Police Association January 20, 2023 POLICE ASSOCIATION 1973 To Whom It May Concern: The Memphis Police Association (MPA) objects to the Memphis Police Department's decision to proceed with the administrative hearing for Officer Justin Smith prior to the conclusion of the Administrative investigation and/or TBI's investigation. LT Essica Cage-Rosario President Memphis Police Association Per Article 14 (MOU Between the MPA and the COM) " A reasonable amount of time to review the statement of charges (including all proof to be relied upon by the hearing officer) is to be given to the representative prior to the administrative hearing". Upon review, several pieces of proof were either omitted from the file, or incomplete at this time. Body worn camera video, which was referenced multiple times in the statement of charges, was NOT provided to the MPA representative, nor were statements from other principal and witness officers. These are only a few examples of the GROSS violations of this officers' right to due process. Not only is this a right under the MOU, but it is a right guaranteed by federal law. See Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) where the Court provided that a public employee with a property right to his or her employment must be provided notice of charges against them and a hearing to provide them with an opportunity to defend themselves against the charges against them. Additionally, that hearing must be a meaningful one. See Wagner v. City of Memphis, 971 F. Supp 308 (W.D. Tenn 1997). In Wagner, Mayor Herenton predetermined the outcome of the hearing and the court said there was no due process. This will serve as the MPA's statement for this administrative hearing. 638 Jefferson Ave. Memphis IN 38105 Essica Cage-Rosario, President Matt Cunningham, Vice President Jeremy White, Secretary/Treasurer John Covington, Chief Steward Shannon Bowen, Sergeant at Arms 638 JEFFERSON AVENUE MEMPHPIS, TN 38105 (901) 523-7075 FAX (901) 523-7081

STATEMENT OF JUSTIN L. SMITH I am making this statement to the best of my recollection, and I reserve the right to amend it for purposes of clarification. Any inconsistencies between this Statement and other officers' statements, witness statements, or what may have been captured partially or completely by audio or video recordings, should not be considered as being or attempting to be untruthful. It is a well-established fact that an officer's perceptions during critical incidents will differ from others and/or what is captured on video or audio. For any and all other purposes, I hereby reserve my constitutional right to remain silent under the FIFTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION and any other rights prescribed by law. Further, I rely specifically upon the protection afforded me under the doctrines set forth in Garrity v. State of New Jersey, 385 U.S. 493 (1967), and Spevack v. Klein, 385 U.S. 551 (1956), should this report be used for any other purpose of whatsoever kind or description. I have been informed that I have an administrative hearing on Friday, January 20, 2023, arising from a Statement of Charges that I received setting forth certain allegations regarding violations of policies and procedures for which the discipline is being suggested. I have also been contacted by the Tennessee Bureau of Investigation which is undertaking a criminal investigation of the incident in question which has received wide media speculation and statements from the Memphis Police Department's Chief as well as the Mayor of the City of Memphis. I have also been contacted by the District Attorney General's Office through my attorney. quinsinger

I have been informed by more than one source that a criminal investigation is being undertaken which could or might involve me and other officers of the Memphis Police Department. As much as I would like to set the record straight, based upon the inconsistencies and misstatements in the Statement of Charges given to me, upon advice of counsel, I am not allowed to make any statements surrounding the incident of January 7, 2023. I would respectfully ask that this statement, executed by me, be placed in the administrative investigation file. I would state for the record that on January 7, 2023, I assisted another officer in making an arrest of a non-compliant suspect. My first interaction with that suspect was that suspect fighting with the other officer in failing to comply in our attempts to take the suspect into custody. On the day in question, I was directed to be on desk duty because of an on-the-job injury which was serious enough to disable my abilities by way of a knee injury suffered the preceding day. Even though I was directed to be on desk duty, I was directed by my supervisors to be on patrol. While on stationary observation duties as directed, dispatches were made where an officer needed assistance after an officer had attempted to investigate a traffic stop. It was stated in the radio dispatch that the suspect had been tazed as well as sprayed with OC spray and had fled the scene. Even though no one else requested medical assistance, because of the reported tazing and chemical spray, I immediately made a radio call and indicated that medical should be sent to the area where the suspect was last seen to possibly render medical aid if the suspect was taken into custody. 2

I then came upon one officer taking what was later learned to be the same suspect to the ground. I assisted that officer in our attempts to take that suspect into custody. The suspect was violent and would not comply. It is my contention that I personally utilized the training and defensive tactics provided to me as a Memphis police officer in attempting to handcuff the suspect. I categorically deny utilizing any defensive weapons other than OC spray. OC spray was used only after another officer had attempted to utilize OC spray on the suspect but inadvertently sprayed himself. Obviously, because one officer believed that the use of OC spray was reasonable and necessary to gain control over the suspect, I then attempted to utilize my OC spray. I am not sure whether or not it was effective when used. I continued to struggle with the actively resisting suspect to gain control of said suspect because he had only one arm/wrist handcuffed. Despite the effects of OC spray in my eyes and experiencing excruciating pain in my knee, officers were finally able to place the suspect in custody. After the suspect was handcuffed, I then removed myself from the immediate vicinity as my knee was in severe pain. When I returned to the immediate area, I informed my fellow officers to assist me in sitting the suspect against my squad car in order for the suspect to breath better. The medical personnel on the scene were providing direct medical care and were discussing treatment of the suspect with my lieutenant who had arrived on the scene. 3

As it relates to the use of my body worn camera, dispatch records will show that a very short brief period of time elapsed from the time the initial call went out to the time that I inadvertently came upon the other officer attempting to subdue the suspect. I did not immediately turn my body worn camera on as I was getting out of my car, but I did turn it on as I interacted with the suspect. I did not intentionally fail to activate my body worn camera, but the safety of other officers and myself was paramount. Smith STATE OF MISSISSIPPI COUNTY OF DESOTO THIS DAY PERSONALLY APPEARED BEFORE ME, the undersigned authority, in and for the said County and State, the within named Justin Smith after being by me first duly sworn, states on his oath that the matters, facts and things contained in the above and foregoing are true and correct to the best of Affiant's knowledge as therein stated. тати MY COMMESSE IN EXPIRES: Witness my hand and official seal this the TE PUBLIC NOTARY SIPP JUSTIN SMITH 40 # 55128 MISTIE WYNN 01-19-23 DATE Commission Expires, March 5, 2023 DESOTO COUNTY day of January, 2023. Wyn Mistre Wis NOTARY PUBLIC 4

SHELBY MEMPHIS TENNESSEE COUNTY MEMPHIS POLICE DEPARTMENT MEMORANDUM To: Assistant Chief Don Crowe From: Deputy Chief Hardy Assistant Chief Crowe, Subject: Hearing Status Date: 01/20/2023 MEMPHIS SEA OP On January 20, 2023 at 1740 hrs, the Administrative hearing for Officer Justin Smith #13999 was held. Deputy Chief Hardy #3581 was the Hearing Officer. The charges for DR 104 Personal Conduct, DR 120 Neglect of Duty, DR 127 Duty to Intervene and Reporting Improper Conduct, and DR 301 Excessive Force/Unnecessary Force were SUSTAINED and TERMINATION was ordered for all. POLICE The charge for DR 101 Compliance with Regulations to wit: BWC was SUSTAINED and a 40 Day suspension is ordered. EPAR RISTENT