A 2nd ex-Memphis officer accused in the fatal beating of Tyre Nichols is changing his plea

MEMPHIS, Tenn. (AP) — A second former Memphis police officer charged with federal civil rights violations in the fatal beating of Tyre Nichols last year is changing his not-guilty plea, in a case that sparked outrage and calls for police reform.

Emmitt Martin is scheduled to appear before U.S. District Judge Mark Norris on Friday to change his plea as part of an agreement with prosecutors, according to a court document filed Thursday.

Jury selection in his trial had been scheduled for Sept. 9. Three other former officers are still scheduled to go on trial then.

In November, another former Memphis officer, Desmond Mills Jr., also changed his plea to guilty to federal charges of excessive force and obstruction of justice. Mills agreed to cooperate with prosecutors, who recommended a 15-year prison sentence, and could be called to testify at trial against the others accused in Nichols’ killing.

Martin, Mills and three other former officers were indicted in September on federal charges that they deprived Nichols of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. They also were charged in state court with second-degree murder.

It was not immediately clear whether Martin also plans to change his not guilty plea to the state charges. Mills’ lawyer has said he will plead guilty in state court. An attorney for Mills declined to comment on the upcoming change of plea hearing for Martin.

The three other fired officers — Tadarrius Bean, Demetrius Haley and Justin Smith — remain charged with federal civil rights violations, in addition to second-degree murder and other offenses in state court. They have pleaded not guilty to all the charges. The state trial has been postponed until after the federal trial.

Erica Williams, a spokesperson for Shelby County District Attorney Steven Mulroy, said their office will continue coordinating with federal authorities and “will share more updates as soon as possible — ensuring that it does not compromise the investigation.”

An attorney for Martin, William Massey, didn’t immediately return a phone message seeking comment. Attorneys for Bean and Smith also did not immediately respond to emails or phone messages requesting a comment. Haley’s attorney declined to comment.

Nichols died in a hospital on Jan. 10, 2023, three days after he was kicked, punched and hit with a police baton after a traffic stop. Police video released later that month showed five officers beating Nichols as he yelled for his mother about a block from his house. Video also showed the officers milling about and talking with each other as Nichols sat on the ground, struggling with his injuries.

Nichols was Black. The five officers also are Black. They were fired for violations of Memphis Police Department policies.

An autopsy report showed Nichols died from blows to the head, and that the manner of death was homicide. The report described brain injuries, cuts and bruises to the head and other parts of the body.

Martin was the second officer to have contact with Nichols and he assisted Haley in forcing Nichols from his vehicle at the traffic stop, according to documents filed in the case to permanently ban Martin from working as a law enforcement officer in the state.

Nichols ran from Martin and his two partners but was apprehended within six minutes by other officers. As other officers were attempting to handcuff Nichols, Martin kicked him in the upper torso while he was on the ground, and Martin punched Nichols in the face while two other officers held Nichols’ arms, the documents show.

Memphis’ police chief has said the department couldn’t substantiate any reason for officers to pull Nichols over.

The criminal charges are separate from the U.S. Department of Justice’s “patterns and practices” investigation into how Memphis officers use force and conduct arrests, and whether the department in the majority-Black city engages in racially discriminatory policing.

The Justice Department also has announced a separate review concerning use of force, de-escalation strategies and specialized units within Memphis police.

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

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Mattise reported from Nashville, Tennessee. Alanna Durkin Richer contributed from Washington and Travis Loller contributed from Nashville.