Defense Trial Resumes for 3 Former Memphis Officers Accused in Tyre Nichols’ Death
Defense The trio already faces lengthy prison terms after being convicted on federal charges related to the case last year.
Defense Nichols, a 29-year-old Black man, fled on foot after officers forcibly removed him from his vehicle during a January 2023 traffic stop, during which he was pepper-sprayed and tased. They proceeded to punch, kick, and strike him with a baton while struggling to handcuff him, as Nichols cried out for his mother.
Defense Video footage from a police pole camera captured the violent encounter and showed the officers standing around afterward, talking and laughing while Nichols lay on the ground.
His death sparked nationwide protests, reignited demands for police reform, and brought national attention to the Memphis Police Department in the majority-Black city.
Desmond Mills Jr. and another officer involved in the fatal beating, Emmitt Martin, have reached plea agreements with prosecutors and are not being tried alongside their former colleagues.
Both have also pleaded guilty to federal charges, with sentencing still pending for all five former officers.
During his testimony Tuesday, Mills expressed remorse for failing to intervene during the assault that led to Tyre Nichols’ death three days later.
Mills recounted that as Nichols struggled on the ground while being restrained by officers Tadarrius Bean and Justin Smith, he attempted to use pepper spray on Nichols but accidentally sprayed himself.
He admitted to prosecutor Paul Hagerman that his actions were fueled by anger.
“Do you regret that?” the prosecutor asked.
“Yes,” Mills replied.
Mills responded that he would not have.
Perry also questioned whether Mills believed officers Tadarrius Bean and Justin Smith were restraining Nichols specifically to allow Emmitt Martin to strike him. Mills said he did not think that was their intent.
Martin Zummach, representing Smith, pressed Mills on the safety risks officers face when a suspect hasn’t been searched for weapons.
He confirmed that Nichols had not been searched before fleeing the traffic stop and estimated that 80 to 90 percent of his past arrests involved suspects carrying concealed weapons.
“Do you need to wait for someone to show a weapon before taking action?” Zummach asked.
“No,” Mills replied.
He noted that some of their actions—such as applying wrist locks and using a baton—were in line with department policy.
“That guy was whipping y’all’s tail, wasn’t he?” Zummach asked.
“Yes,” Mills responded—though under further questioning from the prosecutor, he admitted that Nichols never punched, kicked, or physically overpowered any of the officers.
Separately, the U.S. Justice Department announced in December that a 17-month investigation had found the Memphis Police Department engages in excessive force and discriminates against Black residents.