Emmitt Martin III, a former Memphis Police Department officer (second from left) accused of killing Tyre Nichols, walks into federal court Friday, Aug. 23, 2024 in Memphis, Tenn. (AP Photo/George Walker IV)
MEMPHIS, Tenn. (AP) — Federal prosecutors 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 2023 fatal beating of Tyre Nichols.
Emmitt Martin is the second former officer to plead guilty in the killing that sparked outrage and renewed calls for police reform.
Three former officers still face trial in federal court next month, and two of their former colleagues could testify against them.
Martin entered his change of plea before U.S. District Judge Mark Norris in Memphis under an agreement with prosecutors, pleading guilty to excessive force and witness tampering charges.
Sentencing is set for Dec. 5.
Nichols’ mother, RowVaughn Wells, was in the courtroom. She nodded her head and smiled when the judge accepted Martin’s change of plea.
In 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 is a step in the right direction, but that she won’t be content until all of the officers are brought to justice.
“Tyre was just coming home. He was just minding his own business,” she said.
Nichols died in a hospital on Jan. 10, 2023, three days after he was kicked, punched and hit with a police baton after a traffic stop.
The officers said they pulled Nichols over because he was driving recklessly, but Police Chief Cerelyn “CJ” Davis has said no evidence was found to support that allegation.
Police video released Jan. 27 last year showed the officers beating Nichols as he yelled for his mother about a block away from the home they shared.
Video also showed the officers milling about and talking with each other as Nichols struggled with his injuries.
An autopsy report showed Nichols died from blows to the head, and that the manner of death was homicide.
The report described brain injuries, cuts and bruises to the head and other parts of the body.
“I will never have my son back. I will 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 won’t be content.”
In November, former Memphis officer Desmond Mills Jr., reached a similar deal with federal prosecutors and changed his plea to guilty. Prosecutors agreed to recommend a prison sentence not to exceed 15 years for Mills.
Both Mills and Martin could be called to testify against the final 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 Monday deadline for any plea agreements in the case.
Attorneys for the other three officers attended the hearing but left early.
Haley’s attorney later declined to comment, while attorneys for the two others did not immediately respond to emails requesting comment Friday afternoon.
All five former officers accused in Nichols’ death have been charged separately in state court with second-degree murder. That trial is postponed until the federal proceedings are complete.
Mills previously agreed to plead guilty in state court.
Shelby County District Attorney General Steve Mulroy issued a statement on Friday saying he expects Martin to make a similar plea 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 accused ex-officers also are Black. They were fired after Nichols’ killing for violating Memphis Police Department policies.
Martin, who was the second officer to come into contact with Nichols during the Jan. 7 traffic stop, helped Haley to force Nichols from his vehicle, according to documents filed in the case to permanently ban Martin from working in law enforcement in Tennessee.
Nichols ran from Martin and his two partners after they threatened and pepper-sprayed him but he was apprehended within six minutes.
As other officers tried 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’ arms, the documents show.
Martin’s defense 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 later attempted to cover that up — fear of the consequences of what he had done.”
“Today, we are all witnesses to Mr. Martin accepting responsibility for what he did,” Johnson said.
The criminal charges are separate from the U.S. Department of Justice’s “patterns and practices” investigation into how Memphis officers use force and conduct arrests, and whether the department in the majority-Black city engages in racially discriminatory policing.
The Justice Department also has announced a separate review concerning use of force, de-escalation strategies and specialized units within Memphis police.
Additionally, Nichols’ mother has filed a $550 million lawsuit against the city and its police chief.
After the hearing, Wells said she hopes the other three officers will also plead guilty so that she and her children do not have to go through a trial.
“I’m hoping that after today, that the other three officers will look in the mirror, and look at themselves, and say that they’re guilty, because they know they are,” she said.