Federal prosecutors have recommended a 40-year prison sentence for a former Memphis police officer who pleaded guilty Friday to civil rights violations in the 2023 fatal beating of Tyre Nichols.
Emmitt Martin is the second former officer to plead guilty to the murder. Three officers are scheduled to appear in federal court next month, and it is possible that their former colleagues will testify against them.
Martin filed his motion to amend with U.S. District Judge Mark Norris in Memphis under a plea agreement with prosecutors, a new twist in the case that has sparked outrage and calls for police reform. Martin pleaded guilty to charges of excessive force and witness tampering. The judge set a Monday deadline for any plea agreements in the case.
Memphis Police/Handout via Reuters
Nichols’ mother, RowVaughn Wells, was in the courtroom. She nodded softly and smiled as the judge accepted Martin’s change of plea.
“The family is relieved that another officer has admitted his role in the heinous acts that killed Tyre Nichols. This is another critical piece of accountability,” Ben Crump, an attorney for Nichols’ family, said after the hearing.
In November, the former Memphis agent Desmond Mills Jr. reached a similar deal with federal prosecutors, changing his plea to guilty. Prosecutors recommended Mills receive a 15-year prison sentence.
Both Mills and Martin could be called to testify against the final three — Tadarrius Bean, Demetrius Haley and Justin Smith — who still face federal civil rights violations and have pleaded not guilty.
All five former officers accused in Nichols’ death have been separately charged in state court with second-degree murder. That trial has been postponed pending completion of federal proceedings.
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.
Nichols died in a hospital on January 10, 2023, three days after he was kicked, punched and beaten with a police baton after a traffic stop. Officers said they pulled Nichols over for reckless driving, but Police Chief Cerelyn “CJ” Davis has said no evidence was found to support that claim.
Police video released on January 27 showed five officers beat Nichols as he called for his mother, about a block from the home they shared. Video footage also showed the officers standing around and talking to each other as Nichols struggled with his injuries.
Nichols was black. The five officers are also black. They were fired for violating Memphis Police Department policy.
An autopsy report found that Nichols had died from blows to the head and that the cause of death was homicide. The report described brain injuries, cuts and bruises to the head and other parts of the body.
Martin, the second officer to encounter Nichols during the Jan. 7 traffic stop, helped Haley get Nichols out of his vehicle, according to documents filed in the lawsuit seeking to permanently remove Martin from his job with the Tennessee police department.
Lucy Garrett / Getty Images
Nichols ran from Martin and his two partners after they threatened and pepper-sprayed him, but he was captured within six minutes. As other officers attempted to handcuff Nichols, who was lying on the ground, Martin kicked him in the torso and punched him in the face while two other officers held Nichols’ arms, the documents state.
The criminal charges are separate from the The U.S. Department of Justice’s investigation into the ‘patterns and practices’ of Memphis officers use of force and make arrests, and whether the department in the majority-black city is guilty of racially discriminatory policing.
The Justice Department has also announced a separate investigation into the use of force, de-escalation strategies and specialized units within the Memphis Police Department.
In addition, Nichols’ mother has filed a $550 million lawsuit against the city and the police chief.
