Background
 

On January 7, 2023, officers of the Memphis police department initiated a traffic stop on Tyre Nichols for reckless driving.  According to a statement posted on social media, as officers approached the driver of the vehicle, a confrontation occurred and the suspect fled the scene on foot.  Authorities have stated that officers pursued the suspect and again attempted to take him into custody when another altercation occurred before the suspect was apprehended.  Nichols was transported to the hospital where he died on January 10th.  Memphis Police Chief CJ Davis released a video late Wednesday night, around 10:30 p.m. on January 25, saying that “these officers were found to be directly responsible for the physical abuse of Mr. Nichols.”

Video Footage To Be Released
The Memphis Police Department has indicated that video footage of the incident will be released to the public on or the evening of January 27, 2023.  Memphis authorities have indicated they are concerned that the footage may spark civil, and possibly violent unrest. 

Officers Charged
On Thursday, January 26, all five of the officers involved in the arrest of Mr. Nichols were charged with various crimes. Memphis Police Department said in a statement, "After a thorough review of the circumstances surrounding this incident, we have determined that five (5) MPD officers violated multiple department policies, including excessive use of force, duty to intervene, and duty to render aid.”

Impact to Virginia

• There are no known large planned events in Virginia at this time related to this incident.
• Virginia law enforcement statewide continues to monitor the situation.
• Private sector partners are encouraged to review Emergency Operations Plans in the event civil unrest occurs.

Targets of Opportunity
Large public gatherings are soft targets as they are typically in large open areas that are difficult to secure and are attractive targets for extremists (homegrown violent extremists (HVEs), domestic terrorists, and non-ideological individuals because they are easily accessible and have the potential to impact a large group of victims.

VFC Statement on the 1st Amendment

The VFC recognizes that United States Citizens have constitutionally protected rights to assemble, speak, and petition the government. The VFC safeguards these first amendment rights, and reports on only those activities where the potential use of rhetoric and/or propaganda could be used to carry out acts of violence. Additionally, potential criminality exhibited by certain members of a group does not negate the constitutional rights of the group itself or its law-abiding participants to exercise their individual liberties under the First Amendment to the United States Constitution.