MEMPHIS, Tennessee — A former Tennessee police officer has been charged in the fatal beating of a Memphis motorist Band Nichols is planning to change his plea of not guilty Friday in federal court, court documents show.
Emmitt Martin is one of five former officers charged in the January 7, 2023, death of Nichols after he was pulled from his car and brutally beatenand then left without medical attention for more than 20 minutes.
The five were indicted on federal charges in September that they deprived the 29-year-old FedEx employee and father of his rights through excessive force and inaction and that they obstructed justice by coercing witnesses.
Desmond Mills Jr. pleaded guilty to the federal charges on Nov. 2 and agreed to cooperate with prosecutors who recommended a 15-year prison sentence. Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to the charges.
All five were also charged in state court with murder in the second degree. The state trial has been postponed until federal procedures are completed.
Martin was the second officer to interact with Nichols, who helped Haley force Nichols out of his vehicle after a traffic stop, according to documents filed in the case seeking to permanently remove Martin from his law enforcement job in the state.
Nichols ran from Martin and his two partners after they threatened and pepper-sprayed him, but he was recaptured within minutes about a block away from the home he shared with his mother and stepfather. At the second location, Martin kicked Nichols as he lay on the ground and punched him in the face while two other officers held Nichols’ arms, the documents said.
Police footage shows Nichols calling for his mother as officers beat him.
The footage also showed the officers hanging out and talking to each other after the assault as Nichols struggled with his injuries.
Nichols died three days later in a hospital. autopsy determined that he had died from blows to the head and ruled his death a homicide.
The Memphis police chief said the department could not provide any reason for the initial traffic stop.
Nichols was black. The five officers, who are also black, were fired for violating Memphis Police Department policy.
Martin is due 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 for his trial was scheduled for September 9.