(Memphis) U.S. federal prosecutors have agreed to recommend a prison sentence of no more than 40 years for a former Memphis, Tennessee, police officer who pleaded guilty Friday to civil rights violations in the 2023 beating that led to the death of Tyre Nichols.
Emmitt Martin is the second former officer to plead guilty to the killing that sparked outrage and renewed calls for police reform. Three former officers will go on trial in federal court next month, and two of their former colleagues could testify against them.
Mr. Martin entered his change of plea before U.S. District Judge Mark Norris in Memphis under an agreement with prosecutors, pleading guilty to excessive use of force and witness tampering. Sentencing is scheduled for Dec. 5.
Mr. Nichols’ mother, RowVaughn Wells, was in the courtroom. She nodded and smiled as the judge accepted former Officer Martin’s change of plea.
At a news conference with civil rights attorney Ben Crump after the hearing, Mr.me Wells said it was both “very emotional” and “bittersweet.” She said the latest plea was a step in the right direction, but she wouldn’t be satisfied until all officers were brought to justice.
PHOTO MATTHEW HINTON, ASSOCIATED PRESS
Tyre Nichols died on January 10, 2023 after being beaten by police officers during a traffic stop.
“Tyre was just coming home. He was just minding his own business,” she recalled.
Mr. Nichols died in a hospital on Jan. 10, 2023, three days after he was kicked, punched and hit with a police baton following a traffic stop. Officers said they stopped Mr. Nichols because he was driving recklessly, but Police Chief Cerelyn “CJ” Davis said no evidence was found to support that allegation.
“They murdered my son for nothing”
A police video released on Jan. 27 showed officers beating Mr. Nichols as he screamed for his mother about a block from the residence they shared. The video also showed officers fussing and arguing among themselves as Mr. Nichols suffered from his injuries.
An autopsy report showed that Tyre Nichols died from blows to the head and the cause of death was homicide. The report described brain injuries, cuts and bruises to the head and other parts of the body.
PHOTO GEORGE WALKER IV, ASSOCIATED PRESS
RowVaughn Wells, Tire Nichols’ mother
“I will never find my son again. I will never hear his voice again,” she said, moved.me Wells told reporters Friday. “They murdered my son for nothing. And until we get justice from every single one of them, I’m not going to be satisfied.”
In November, former Memphis police officer Desmond Mills Jr. reached a similar agreement with federal prosecutors and changed his plea, pleading guilty. Prosecutors recommended a 15-year prison sentence for Mr. Mills.
Both Mr. Mills and Mr. Martin could be called to testify against the remaining three — Tadarrius Bean, Demetrius Haley and Justin Smith — who remain charged with federal civil rights violations and have pleaded not guilty. The judge set a Monday deadline for any plea deals in the case.
State Court
The five former police officers charged in Nichols’ death have also been charged in state court with second-degree murder. That trial is being postponed until the federal case is complete. Mills has previously agreed to plead guilty in state court. Shelby County Prosecuting Attorney Steve Mulroy issued a statement Friday saying he expects Martin to make a similar plea in state court at the appropriate time.
Mr. Nichols was a 29-year-old father from Sacramento, California. He worked at FedEx with his stepfather and enjoyed skateboarding and photography in his spare time. Mr. Nichols was black.
The five former officers charged are also black. They were fired after Mr. Nichols’ killing for violating Memphis Police Department policies.
Martin, who was the second officer to come into contact with Mr. Nichols during the Jan. 7 traffic stop, helped Haley force Mr. Nichols out of his vehicle, according to documents filed in the case seeking a permanent ban on Martin from law enforcement in Tennessee.
Mr. Nichols walked away from Martin and his two colleagues after they threatened and pepper-sprayed him, but he was caught within six minutes. As other officers tried to handcuff Mr. Nichols, who was on the ground, Martin kicked him in the upper torso and punched him in the face while two other officers held Mr. Nichols by the arms, the documents show.
Martin’s attorney, Stephen Ross Johnson, said after the hearing that his client was “driven by anger” when he “violated Mr. Nichols’ civil rights and used excessive force,” but was “driven by fear when he then tried to cover it up — fear of the consequences of what he had done.”
“Today we are all witnesses to Mr. Martin taking responsibility for what he did,” Mr.e Johnson.
The criminal charges are separate from the Justice Department’s investigation into “patterns and practices” surrounding Memphis police use of force and arrests, and whether the city’s predominantly black department engaged in racially discriminatory policies.
The Justice Department also announced a separate study of the Memphis Police Department’s use of force, de-escalation strategies and specialized units.
In addition, Mr. Nichols’ mother has filed a $550 million lawsuit against the city and its police chief.