Federal prosecutors have recommended a 40-year prison sentence for a former Memphis police officer who pleaded guilty Friday to federal civil rights charges in the 2023 beating and death of Tyre Nichols.
Emmitt Martin is the second former officer to plead guilty in a murder case that has sparked outrage and renewed calls for police reform. Three former officers are scheduled to go on trial in federal court in September, with two former colleagues potentially testifying against them.
Martin changed his plea before U.S. District Judge Mark Norris in Memphis in an agreement with prosecutors to plead guilty to excessive force and witness tampering. The judge had set a Monday deadline for a plea deal in the case.
Nichols’ mother, Lowborn Wells, was also in the courtroom and nodded and smiled as the judge accepted Martin’s revised charges.
At a press conference with civil rights attorney Ben Crump after the hearing, Wells called the situation “very emotional” and “bittersweet.” Wells said the plea deal was a step in the right direction, but he wouldn’t be satisfied until all of the officers were brought to justice.
“Tyre had just come home and was just focusing on himself,” she said.
Nichols died in hospital on Jan. 10, 2023, three days after being kicked, punched and hit with a baton after being stopped by police for a traffic violation. Officers said they pulled Nichols over for reckless driving, but Police Chief Celerin “CJ” Davis said they found no evidence to support that claim.
Police video released on Jan. 27 showed officers beating Nichols when he called for his mother about a block from his home. The video also showed officers milling around and talking to each other while Nichols struggled with his injuries.
The autopsy report ruled Nichols’ death a homicide, with the cause of death being a blow to the head. The report noted brain damage, cuts and bruises to the head and other parts of the body.
“My son is never coming back. I will never hear his voice again,” Wells told reporters on Friday. “They killed my son for no reason and I will not be satisfied until there is justice for all of them.”
In November, former Memphis police officer Desmond Mills Jr. reached a similar agreement with federal prosecutors and changed his guilty plea. Prosecutors had recommended a 15-year prison sentence for Mills.
Both Mills and Martin could be called to testify against the final three men indicted on federal civil rights charges — Tadarius Bean, Demetrius Haley and Justin Smith — who have pleaded not guilty.
All five former officers accused of involvement in Nichols’ death have been charged separately with second-degree murder in state court, with the trial being postponed pending the completion of the federal trial.
Nichols was a 29-year-old father from Sacramento, California, who 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’ murder for violating Memphis police policy.
Martin, the second officer to come into contact with Nichols during the Jan. 7 traffic stop, helped Haley remove Nichols from his car, according to documents filed in a lawsuit seeking to be permanently barred from working in law enforcement in Tennessee.
Nichols fled after being threatened and pepper-sprayed by Martin and two others, but was arrested within six minutes. As other officers attempted to handcuff Nichols, who was on the ground, Martin kicked him in the upper body and punched him in the face while two other officers grabbed him by the arms, documents state.
Martin’s lawyer, Steven Ross Johnson, said after the hearing that Martin accepted responsibility for his actions.
“On Jan. 7, 2023, Emmitt Martin was driven by anger when he admitted to violating Mr. Nichols’ civil rights and using excessive force. When he later tried to cover it up, he was driven by fear — fear of the consequences of what he did,” Johnson said.
The criminal charges are separate from a “patterns and practices” investigation being conducted by the U.S. Department of Justice into how Memphis officers use force and make arrests, and whether the police department in the majority-black city engages in racist policing practices.
The Justice Department also announced a separate investigation into use of force, de-escalation tactics and specialized units within the Memphis Police Department.
Additionally, Nichols’ mother filed a $550 million lawsuit against the city and its police chief.
