Ex-MPD officer says he lied about Tyre Nichols’ beating to protect his family

MEMPHIS, Tenn. — One of the former Scorpion Unit officers accused in the beating of Tyre Nichols returned to the stand on Wednesday and testified that he lied in his reports to protect his family.

Desmond Mills was one of the five officers originally charged in the case, but he took a deal and pleaded guilty to federal civil rights and conspiracy charges last November. While in court, he told prosecutors that the goal of the conspiracy was “to not tell the truth.”

He says he was afraid that if he told the truth he would be sitting in the same seat he’s sitting in now and would be held accountable for it.

Mills said he knew that the off-camera conversations between the five officers would not be included in their Response to Resistance reports. He said the officers took off their body cameras so that they would not get caught.

“I knew that excessive force was used and I did not want to tell him [Lieutenant DeWayne Smith, supervisor],” Mills said.

He admitted in his testimony to hitting Nichols three times with his baton after pepper spraying him. Mills told the jury on Wednesday that this was the first time he had ever used his baton.

He said he was not worried that anyone would tell Smith about the beating because they had what he called a “non-verbal, mutual agreement” that what was said off-camera was not to be written in their reports.

Mills admitted that neither he nor any of the other officers informed the dispatcher of the extent of Nichols’ injuries, and admitted that he did not check on Nichols after he had been handcuffed.

“I failed to render aid. I failed,” Mills said.

He also says he followed behind the ambulance when they were driving Nichols to the hospital but did not inform the nurses that he was hit in the head. “I didn’t want to admit what I saw,” Mills said.

Mills testified that Haley called Mills later that same night and acted like he was hoping he wasn’t seen on Mills’ body camera. However, Mills says the footage from his body camera only showed Haley walking up, nothing else.

Mills also stated that the information in his report was inaccurate and claimed the information he wrote came from Martin. He said he lied “to make the arrest look better than it was” and said they “tried to make Mr. Nichols look worse than he was.”

He said that after the beating, he was concerned that Nichols would not survive past January 7. He said Nichols “didn’t look good” which he described as “shocking.”

“As an officer, I respond to scenes where the victim looks like Mr. Nichols. This was the first time I was part of it,” said Mills. “I was going along with the cover-up, trying to avoid it. Hoping for the best. Hoping that Mr. Nichols would survive and this whole thing would blow over.”

During cross-examinations, Tadarrius Bean’s attorney, John Keith Perry, questioned Mills on his statements to the ISB [Internal Affairs], noting that he claimed Nichols “bowed up in a fighting stance,” but Mills admitted that he lied.

Mills, who has three children, told the jury he lied to internal affairs because he “had a lot at stake.”

“I needed this job for my family – my wife and kids. This job has insurance. I have kids with special needs. I was thinking of them first. I needed this job for my family and I let them down.” Mills said.

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Mills wept on the stand Tuesday and apologized for his part in the beating of Nichols. The jury was asked to disregard Mills’ answer when he cried on the stand and apologized, voicing his regret to the jury for his role in the beating.

“I wish I could have stopped the punches. It hurt to watch,” said Mills. “I made his child fatherless. I’m sorry. I know sorry can’t bring him back, but I pray that his child has everything he needs growing up.”

Civil Rights attorneys Ben Crump and Antonio Romanucci, who represent the Nichols family, held a prayer vigil outside the Odell Horton Federal Building on Wednesday morning, where they called the entire encounter with Nichols “unnecessary.”

“I don’t think there’s any doubt to anyone’s eye that what we saw yesterday was dramatic. It was powerful. It was emotional, but when you loop it back to why we’re here, we actually realized how unnecessary it all was,” said Romanucci.

He noted that the attorneys and family are present for accountability and quoted Mills, saying that the entire city of Memphis should be sorry for allowing “this to go on for so long.”

Crump mentioned that this is one of the most emotional trials he has ever been involved in.

Tadarrius Bean, Demetrius Haley, and Justin Smith are facing charges of federal civil rights violations, conspiracy, and obstruction in connection to Tyre Nichols’ death in 2023.

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