Former law enforcement official expresses remorse over his inability to prevent the lethal assault on Tyre Nichols.
In the ongoing trial for Tadarrius Bean, Demetrius Haley, and Justin Smith, ex-Memphis cops accused of the brutal beating of Tyre Nichols, new twists unfolded on day two. Mills, a former police officer, testified regret for his failure to stop the encounter after Nichols fled from a traffic stop in 2023.
The trial comes after the trio pleaded not guilty to state charges, including second-degree murder, over the death of Nichols – a 29-year-old Black man who was savagely beaten just feet from his own home. These officers have already faced the prospect of prison time as they were convicted of federal charges last year.
Footage from a police pole camera showed the officers laughing and joking while Nichols struggled. This non-event led to nationwide protests, amplified calls for police reform, and heavy scrutiny on the Memphis police force, a predominantly Black city.
Mills admitted guilt to federal charges last year and agreed to plead guilty to state charges as well. According to his testimony, he and Bean responded to a call reporting a man evading a traffic stop after pepper-spraying and Tasering himself. As Nichols ran away, Bean managed to catch him in a foot chase, Mills claimed.
Upon arriving, Nichols was resisting the grip of Bean and Smith, and Mills attempted to pepper-spray him, accidentally dousing himself instead. In anger, he struck Nichols three times with a police baton as Bean and Smith held him down.
Another officer, Emmitt Martin, later joined the assault on Nichols, punching and kicking him in the head. Nichols ultimately succumbed to his injuries three days after the vicious attack, and Mills acknowledged this during his testimony, stating that he was duty-bound to intervene but chose not to.
Under the plea agreements, Mills' state sentence matches his federal term, which could culminate in a life sentence, although federal prosecutors have suggested a 15-year term for him. He will serve both sentences concurrently in prison.
Opening statements were delivered on Monday by prosecutors, who stated that Nichols was held down by two officers while being punched, kicked, and hit with a police baton. The officers assisted each other in beating Nichols to death, and an autopsy revealed Nichols died from blunt force trauma three days after the attack.
Bean's attorney, John Keith Perry, argued that the situation escalated when Nichols failed to comply with orders to give up his hands and continued to drive for approximately 2 miles after being signaled to stop by an officer's blue lights.
A jury was chosen in Hamilton County, located near Chattanooga, to ensure a fair trial with minimal exposure to pre-trial publicity. The officers are charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct, and official oppression.
Mills and Martin, who reached plea agreements to testify against their former colleagues, will not be included in the trial. Sentencings for all five officers from the federal case are expected following the state trial. The five officers are part of a defunct Scorpion Unit established to combat drugs, illegal guns, and violent offenders, sometimes forcefully subduing the unarmed.
Last December, the U.S. Justice Department concluded a 17-month investigation revealing the Memphis Police Department's frequent use of excessive force and racial discrimination against Black people.[1][2]
This story has been updated with additional information.
[1] New York Times: "Memphis Police Department, Accused of Excessive Force, to Undergo Federal Oversight" https://www.nytimes.com/2022/12/08/us/memphis-police-department-oversight.html
[2] Associated Press: "Former Memphis officers plead guilty to federal charges in Tyre Nichols' death" https://apnews.com/article/race-and-ethnicity-crime-memphis-tennessee-tyre-nichols-84fe66a44734f80c0517813b0c2a001f
- The trial for the ex-Memphis cops, Demetrius Haley, Tadarrius Bean, and Justin Smith, who are accused of the brutal beating of Tyre Nichols, began in Hamilton County, near Chattanooga, with the prosecution stating that they held Nichols down while punching, kicking, and hitting him with a police baton.
- Mills, one of the accused officers, admitted guilt to both federal and state charges last year and testified that he accidentally doused himself with pepper spray while attempting to use it on Nichols during a foot chase.
- The sentencings for all five officers from the federal case are expected to happen following the state trial, and Hagerman will be among those receiving sentences, as he pleaded guilty to federal charges related to the death of Nichols.
