2nd former Memphis officer pleads guilty in Dyer Nichols’ death: NPR

Memphis, Tenn. – Federal prosecutors agreed to sentence a former Memphis police officer to more than 40 years in prison after pleading guilty Friday to federal civil rights violations in the 2023 killing of Dyer Nichols.

Emmitt Martin is the second former officer to plead guilty in the killing, which has sparked outrage and renewed calls for police reform. Three former officers still face trial in federal court next month, and two of their former colleagues could testify against them.

Martin changed his plea before U.S. District Judge Mark Norris in Memphis under a deal with prosecutors, admitting charges of excessive force and witness tampering. The judgment will be delivered on December 5.

Nichols’ mother, Rowan Wells, was in the courtroom. She shook her head and smiled as the judge accepted Martin’s change.

At a news conference with civil rights attorney Ben Crump after the hearing, Wells said it was “very emotional” and “bittersweet.” “The latest plea is a step in the right direction, but I will not be satisfied until all the officers are brought to justice,” he said.

“Tire was coming home. He was just minding his own business,” he said.

Nicholls Jan. 10, 2023, died in a hospital three days after he was kicked, punched and beaten with a police baton after a traffic stop. Authorities said they pulled Nichols over for reckless driving, but Police Chief Cheryn “CJ” Davis said they found no evidence to support that charge.

A police video released on January 27 last year showed officers beating Nichols as he screamed at his mother a block away from the home they shared. The video also showed officers groping and talking to each other as Nichols struggled with injuries.

An autopsy report showed Nichols died of blunt force trauma to the head and the manner of death was homicide. The report describes brain injuries, cuts and bruises on the head and other parts of the body.

“I will never get my son back. “I will never hear his voice again,” Wells told reporters Friday. “They killed my son for nothing. Until they all get justice, I will not be satisfied.

In November, former Memphis officer Desmond Mills Jr. reached a similar deal with federal prosecutors and changed his plea to guilty. Prosecutors agreed to sentence Mills to no more than 15 years in prison.

Both Mills and Martin could be called to testify against the final trio — Thadarius Bean, Demetrius Haley and Justin Smith — who have pleaded not guilty to federal civil rights violations. The judge set a Monday deadline for any plea deal in the case. Lawyers for three other officers were present at the hearing but left early. Haley’s attorney later declined to comment, while attorneys for the other two did not immediately respond to emails seeking comment Friday afternoon.

All five former officers charged in Nichols’ death have been charged separately in state court with second-degree murder. The hearing is adjourned until the central government’s actions are completed. Mills previously pleaded guilty in state court. Shelby County District Attorney General Steve Mulroy issued a statement Friday saying he expects Martin to make a similar request in state court at the appropriate time.

Nichols is a 29-year-old father from Sacramento, California. He worked at FedEx with his stepfather and enjoyed skateboarding and photography in his spare time. Nichols is black.

All five former officers charged are black. They were fired after Nichols’ murder for violating Memphis Police Department policies.

Martin, the second officer who came into contact with Nichols during the Jan. 7 traffic stop, helped Haley force Nichols from his vehicle, according to documents filed in a lawsuit that permanently bars Martin from working in law enforcement in Tennessee.

Nicholls ran after Martin and two of his accomplices threatened and pepper-sprayed him, but he was arrested within six minutes. As other officers tried to handcuff Nichols, who was on the ground, Martin kicked him in the upper torso and punched him in the face, while two other officers grabbed Nichols’ arms, documents show.

Martin’s defense attorney, Stephen Ross Johnson, said after the hearing that Martin was “driven by anger” when he “violated Mr. Nichols’ civil rights and used excessive force,” but that he was “driven by fear when he later tried to cover up.” Until then – fear of the consequences of what he has done.”

“Today, we are all witnesses to Mr. Martin taking responsibility for what he did,” Johnson said.

The criminal charges are separate from the U.S. Justice Department’s “patterns and practices” investigation into how Memphis officers use force and conduct arrests and whether the department engaged in racially discriminatory policing in the predominantly black city.

The Justice Department has also announced a separate review of Memphis police’s use of force, escalation strategies and special forces.

Additionally, Nichols’ mother has filed a $550 million lawsuit against the city and its police chief.

After the trial, Wells said she hoped the other three officers would plead guilty so she and her children would not have to go to trial.

“After today, the other three officers will look in the mirror, look at themselves and say they are guilty because they know they are,” he said.