A former Memphis police officer pleaded guilty Nov. 2 to the fatal beating of Tire Nichols in exchange for prosecutors recommending a 15-year prison sentence. This made him the first of five officers to be charged and plead guilty in the case.
Desmond Mills Jr. entered his plea during a hearing at the Memphis federal courthouse as part of a larger deal under which he will also plead guilty to related charges in state court. It was not immediately clear whether any of the other officers would follow suit. Attorneys for three of the officers declined to comment and William Massey, Emmitt Martin’s attorney, said in a text message that they will “stay the course” on the former officer’s criminal defense.
Mr. Mills pleaded guilty to federal charges of excessive force and obstruction of justice and agreed to cooperate with prosecutors. The final decision on punishment rests with the judge. Mr Mills remains on bail pending his sentencing hearing on May 22.
Mr. Nichols’ mother, RowVaughn Wells, trembled as she described five large men beating her thin son.
“This today was very difficult for me because this was really the first time I heard someone explain and say what he actually did to my son,” she told reporters outside the courthouse. “So this was very difficult. But I hope it was his conscience, Mr. Mills, that allowed him to enter into this plea deal, and not because his attorneys told him it was the right thing to do.”
Mr. Nichols’ beating in January, captured on police video, was one in a series of violent encounters between police and black people that have sparked protests and renewed debate about police brutality and the need for police reform in the United States. The five former officers charged are also black.
Mr. Mills and four other former Memphis Police Department officers were charged in federal court with use of excessive force, failure to intervene, deliberate indifference and conspiracy to lie, as well as obstruction of justice after they were caught on camera punching, kicking and he defeated Mr. Nichols on January 7. He died three days later.
The five – Mr Mills, Mr Martin, Tadarrius Bean, Demetrius Haley and Justin Smith – pleaded not guilty in state court to manslaughter and other charges. Mr. Mills is the first to agree to plead guilty.
Mr. Nichols’ mother and her husband said the possibility of 15 years in prison is “a start.” Mr. Nichols’ stepfather, Rodney Wells, noted that Mr. Mills has a family of three children aged six and under.
“Fifteen years is a long time without parole,” Mr. Wells said at the news conference. “That will impact his family, that will impact him.”
Blake Ballin, Mr. Mills’ attorney, told reporters that Mr. Mills “understands he did something wrong and he takes responsibility for it.” Mr. Ballin added that there is “overwhelming evidence of the guilt of the people involved in this,” and if authorities need Mr. Mills to testify at a potential trial, he will do so.
Shelby County District Attorney Steve Mulroy said Mr. Mills’ cooperation would “likely encourage” the other officers to also consider plea deals. Mr. Mills will also assist in the Justice Department’s investigation into the Memphis Police Department, which Mr. Mulroy said should lead to systemic reforms.
Mr Mulroy said the defendants have “varying levels of responsibility” for Mr Nichols’ death and that Mr Mills “is not the worst of the five” charged.
Ben Crump, the lawyer for Mr. Nichols’ family, said Mr. Mills’ decision continues the “upheaval” seen after the death of George Floyd, when the Minneapolis police chief testified at the murder trial of former officer Derek Chauvin that he had violated department policy. values and principles.
“The precedent being set now – police officers tell the truth, even if it means breaking the blue veil,” Mr Crump told reporters.
The plea agreement details the role of Mr. Mills explains the fatal beating, detailing how he defeated Mr. Nichols was pepper-sprayed three times before pulling out a baton and yelling, “I’m about to beat the (expletive) out of you.” He repeatedly punched Mr. Nichols, who lay on the ground and surrounded by officers, never giving him a chance to comply with the order: “Give us your hands!”
After the beating, Mr. Mills and the other officers failed to tell responding medics that they had hit Mr. Nichols, instead saying he was on drugs. Meanwhile, among themselves, they discussed “taking turns hitting Nichols, hitting Nichols with straight haymakers, and anyone rocking Nichols. During these conversations, the officers discussed hitting Nichols to make him fall and noted that when Nichols didn’t fall from these blows, they believed they were “about to kill him,” according to the plea agreement.
Mr. Martin used hand gestures to indicate to Mr. Mills that his body camera was still recording. Mr. Mills removed the camera and placed it on the back of a patrol car.
Mr. Mills told supervisors at the scene that he knew Mr. Nichols was in poor condition and that he “expressed his concern for Nichols’ continued existence,” according to the agreement. When the five officers spoke later, they discussed what the body camera recording might show and conspired to mislead investigators. That included agreeing not to report that Mr Martin had repeatedly punched Mr Nichols in the head.
Following Mr Nichols’ death, all five officers were sacked and the crime-fighting team they were part of was disbanded. The four remaining officers are scheduled to stand trial in federal court on May 6. No trial has yet taken place in state court.
The officers said they stopped Mr. Nichols for driving recklessly, but Police Chief Cerelyn “CJ” Davis said no evidence was found to support that claim. Mr. Nichols ran from officers who tried to restrain him. He was pleading for his mother when he was struck down a stone’s throw from his home.
An autopsy report found that Mr. Nichols died from blows to the head, and the cause of death was homicide. The report described brain injuries, cuts and bruises to the head and other parts of the body.
This story was reported by The Associated Press.