MEMPHIS, Tenn. — Federal prosecutors have agreed to recommend a prison sentence of no more than 40 years for a former Memphis police officer who pleaded guilty Friday to federal civil rights violations in the fatal beating of Tyre Nichols in 2023.
Emmitt Martin is the second former cop to plead guilty to the killing that sparked outrage and renewed calls for police reform. Three more former cops are scheduled to appear in federal court next month, and two of their former colleagues could testify against them.
Martin modified his sentence before U.S. District Judge Mark Norris in Memphis under a deal with prosecutors, pleading guilty to excessive force and witness tampering. Sentencing is set for Dec. 5.
Nichols’ mother, RowVaughn Wells, was in the courtroom. She nodded and smiled as the judge accepted Martin’s change of plea.
At a news conference with civil rights attorney Ben Crump after the hearing, Wells said it was “very emotional” and “bittersweet.” She said the latest plea was a step in the right direction, but she wouldn’t be satisfied until all the officers were brought to justice.
“Tyr had just come home. He was minding his own business,” she said.
Nichols died in hospital on January 10, 2023, three days after he was kicked, punched and batoned by police following a traffic stop. Officers said they stopped Nichols because he was driving recklessly, but Police Chief Cerelyn “CJ” Davis said no evidence was found to support that allegation.
Police video released on Jan. 27 shows officers beating Nichols as he yelled at his mother, about a block from the home they shared. The video also shows the officers talking to each other as Nichols struggled with his injuries.
An autopsy report found that 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.
“I’ll never get my son back. I’ll never hear his voice again,” Wells told reporters Friday. “They murdered my son for nothing. And until we get justice for all of them, I’m not satisfied.”
In November, former Memphis police officer Desmond Mills Jr. reached a similar agreement with federal prosecutors, changing his plea to guilty. Prosecutors agreed to recommend a prison sentence of no more than 15 years for Mills.
Mills and Martin could both be called to testify against the remaining three — Tadarrius Bean, Demetrius Haley and Justin Smith — who remain charged with federal civil rights violations and have pleaded not guilty. The judge set a deadline for any plea deals in that case for Monday. Attorneys for the other three officers attended the hearing but left early. Haley’s attorney later declined to comment, while attorneys for the other two did not immediately respond to emails seeking comment Friday afternoon.
The five former officers charged in Nichols’ death have been charged separately in state court with second-degree murder. That trial is being postponed until the federal proceedings are completed. Mills had previously agreed to plead guilty in state court. Shelby County Prosecuting Attorney Steve Mulroy issued a statement Friday saying he expected Martin to plead the same way in state court at the appropriate time.
Nichols was a 29-year-old father from Sacramento, California. He worked at FedEx with his stepfather and enjoyed skateboarding and photography in his spare time. Nichols was black.
The five former officers charged are also black. They were fired after Nichols’ killing for violating Memphis Police Department rules.
Martin, who was the second officer to come into contact with Nichols during the Jan. 7 traffic stop, helped Haley force Nichols out of his vehicle, according to documents filed in the case seeking to permanently ban Martin from law enforcement in Tennessee.
Nichols fled after Martin and his two partners threatened and pepper-sprayed him, but he was apprehended six minutes later. As other officers attempted to handcuff Nichols, who was on the ground, Martin kicked him in the upper torso and punched him in the face while two other officers held Nichols by the arms, the documents show.
Martin’s attorney, Stephen Ross Johnson, said after the hearing that Martin was “driven by anger” when he “violated Mr. Nichols’ civil rights and used excessive force,” but that he was “driven by fear when he then tried to cover it up — fear of the consequences of what he had done.”
“Today we are all witnesses to how Mr. Martin has accepted responsibility for what he did,” Mr. Johnson said.
The criminal charges are separate from the Justice Department’s “patterns and practices” investigation into how Memphis police officers use force and make arrests, and whether the department in the majority-black city engaged in racially discriminatory policing practices.
The Justice Department also announced a separate review of the use of force, de-escalation strategies and specialized units within the Memphis police department.
Additionally, Nichols’ mother filed a $550 million lawsuit against the city and its police chief.
After the hearing, Wells said she hoped the other three officers would also plead guilty so she and her children would not have to go to trial.
“I hope that after today, the other three officers will look in the mirror, look at themselves and say they are guilty, because they know they are,” she said.
Loller reported from Nashville, Tennessee.
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