Case 2:23-cr-20191-MSN Document 118 Filed 01/05/24 Page 1 of 4 PageID 383

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

UNITED STATES OF AMERICA PLAINTIFF

VS CAUSE NO: 2:23-cr-20191-MSN

TADARRIUS BEAN DEFENDANT

MOTION FOR CHANGE OF VENUE OR IN THE ALTERNATIVE TO EXPAND THE

JURY VENIRE OUTSIDE OF SHELBY COUNTY, TENNESSEE

COMES NOW, Defendant Tadarrius Bean (thereinafter “Defendant Bean”), by and through

the undersigned counsel, and files this Motion for Change of Venue, would state unto the Court

as follows:

1. Currently, the trial is subject to take place in the Western District of Tennessee.

2. The Western District of Tennessee is the location in which the alleged incidents on

January 7, 2023 occurred.

3. Local and national pretrial publicity have covered the case, but the coverage within the

Shelby County area has been heavily saturated. The nature of the pretrial coverage has

been heavily prejudicial against the five officers charged in this case.

4. City of Memphis officials, including Mayor Jim Strickland and Chief of Police

Cerelyn “CJ” Davis, made subjective and prejudicial statements regarding the incident

that occurred on January 7, 2023. During interviews, the Mayor contradicted the Chief of

Police’s statements regarding suspending the Street Crimes Operation to Restore Peace in

Our Neighborhoods Unit (“SCORPION”), opting instead for the immediate

discontinuation of SCORPION.
Case 2:23-cr-20191-MSN Document 118 Filed 01/05/24 Page 2 of 4 PageID 384

5. City of Memphis officials released video footage of the incident before concluding the

investigation, and members of the general public developed theories regarding cause and

culpability of the incident.

6. Public officials observing the released video footage gave commentary and opinions that

were biased and unfounded.

7. Members of the jury pool are likely to have connections to someone involved in this case,

have received subjective information from media outlets about this case, or formed

opinions that cannot be changed by this Court’s limiting instructions.

8. If this Court declines a total Change of Venue, we respectfully request expanding the jury

venire to those counties outside of Shelby County, but within the Western District of

Tennessee.

ATTORNEY FOR TADARRIUS BEAN

/s/ John Keith Perry, Jr.

John Keith Perry, Jr. , (024283)
PERRYGRIFFIN, P.C.
5699 Getwell Road
Building G, Suite 5
Southaven, MS 38672
Tele: (662) 536-6868
Email: JKP@PerryGriffin.com
Case 2:23-cr-20191-MSN Document 118 Filed 01/05/24 Page 3 of 4 PageID 385

CERTIFICATE OF CONSULTATION
I, John Keith Perry, Jr., counsel for Defendant Tadarrius Bean, hereby certify that I
contacted all counsel via email and/or telephone regarding this Motion. Counsels for Defendant
Martin, Defendant Haley, and Defendant Smith.

/s/ John Keith Perry, Jr.

John Keith Perry, Jr.

CERTIFICATE OF SERVICE
I, John Keith Perry, Jr., hereby certify on this day I electronically filed the foregoing
Motion with the Clerk of the Court by using the CM.ECF system, which sent notification of such
filing to the following counsels of record this the 5th day of January, 2024:
David Pritchard
U.S. ATTORNEY'S OFFICE
Federal Building
167 N. Main St.
Ste. 800
Memphis, TN 38103
Email: david.pritchard2@usdoj.gov

Forrest Christian
DOJ-CRT
950 Pennsylvania Avenue, NW Building
Room 7116
Washington, DC 20530
Email: Forrest.Christian@usdoj.gov

Kathryn Gilbert
DOJ-CRT
950 Pennsylvania Ave NW
Washington, DC 20530
Email: kathryn.gilbert@usdoj.gov

William D. Massey
MASSEY & MCCLUSKY
3074 East Street
Memphis, TN 38128
Email: masseymccluskylaw@gmail.com

Michael Stengel
MICHAEL J. STENGEL, ATTORNEY AT LAW
619 South Cooper Street
Memphis, TN 38104
Email: stengel12260@mjspc.com
Case 2:23-cr-20191-MSN Document 118 Filed 01/05/24 Page 4 of 4 PageID 386

Blake D. Ballin
BALLIN BALLIN & FISHMAN
200 Jefferson Ave.
Ste. 1250
Memphis, TN 38103
Email: bballin@bbfpc.com

Martin W. Zummach
SPARKMAN ZUMMACH, P.C.
P.O. Box 266
Southaven, MS 38671-0266
Email: martin@sparkman-zummach.com

/s/ John Keith Perry, Jr.

John Keith Perry, Jr.
 Case 2:23-cr-20191-MSN Document 118-1 Filed 01/05/24 Page 1 of 4
Memphis Police Chief C.J. Davis thoughts on Tyre Nichols | localmemphis.com PageID 3871/4/24, 7:36 PM

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We sat down with the Memphis Police Chief about her thoughts on the
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Author: Jackson Brown

Published: 4:01 PM CST January 27, 2023
Updated: 4:01 PM CST January 27, 2023

MEMPHIS, Tenn. — Memphis Police Chief C.J. Davis sat down with ABC24 Friday morning to
give her thoughts on the death of Tyre Nichols, and the anticipated video footage showing the
confrontation with five Memphis Police officers that led to Nichols' death.

"No doubt about it, this video is going to cause anger, emotions to rise," Davis said about the
video release.

https://www.localmemphis.com/article/news/crime/1-on-1-mpd-chief-c…-release-police-violence/522-9ed8e0e2-9d92-45f6-86a1-b4f224584a3a Page 1 of 4
 Case 2:23-cr-20191-MSN Document 118-1 Filed 01/05/24 Page 2 of 4
Memphis Police Chief C.J. Davis thoughts on Tyre Nichols | localmemphis.com PageID 3881/4/24, 7:36 PM

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Davis said the video is four separate segments that have been spliced together for a total time
of a little more than an hour.

Davis also said she was not invited to the press conference with Shelby County D.A. Steve
Mulroy and TBI Director David Rausch Thursday, explaining her absence which caused
criticism.

Watch our full interview with Memphis Police Chief C.J. Davis here:

1 on 1 with Memphis Police Chief C.J. Davis on Tyre Nichols, video release sho…

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https://www.localmemphis.com/article/news/crime/1-on-1-mpd-chief-c…-release-police-violence/522-9ed8e0e2-9d92-45f6-86a1-b4f224584a3a Page 2 of 4
 Case 2:23-cr-20191-MSN Document 118-1 Filed 01/05/24 Page 3 of 4
Memphis Police Chief C.J. Davis thoughts on Tyre Nichols | localmemphis.com PageID 3891/4/24, 7:36 PM

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