MEMPHIS, Tenn. — A judge has determined that the sentencing for five former Memphis police officers found guilty of federal charges related to the beating death of Tyre Nichols will occur after an April state court trial concerning second-degree murder in Nichols’ death. The officers—Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills Jr., and Justin Smith—will face sentencing in federal court during the week of June 16, with specific dates yet to be announced, as per U.S. District Judge Mark Norris. Notably, all five officers are also Black.
Initially, Bean, Haley, and Smith were scheduled for sentencing next week, while Martin’s hearing was set for the following week and Mills was scheduled for February 20. John Keith Perry, representing Bean, requested a postponement of the sentencing, arguing that Bean might take the stand for his own defense during the federal proceedings. He expressed concern that any statements made under oath could negatively impact Bean at the upcoming state trial on April 28.
Attorneys for the former officers raised concerns regarding certain elements of their presentencing reports, which outline the guidelines to be used by the judge when considering their prison sentences. They plan to address these issues in motions that will be submitted to the federal court, with a hearing anticipated in February.
Footage of the incident showed the officers using pepper spray on Nichols, 29, and deploying a Taser before he fled during a traffic stop on January 7, 2023. The officers pursued Nichols, subsequently beating him with kicks, punches, and a police baton near his home while he called for his mother. The disturbing video captured the officers casually conversing and laughing as Nichols struggled on the ground.
After enduring the assault, Nichols succumbed to his injuries three days later. The five officers were dismissed from the force, charged with murder in state court, and subsequently indicted by a federal grand jury on charges related to civil rights violations and witness tampering.
In connection with Nichols’ death, both Martin and Mills entered guilty pleas to federal charges as part of agreements with prosecutors. Meanwhile, the other three officers were found guilty in early October of witness tampering related to their attempts to conceal the assault. Bean and Smith were acquitted of federal civil rights charges involving excessive force and neglect of Nichols’ serious injuries.
Although Haley was acquitted of the civil rights violation resulting in death, he faced a conviction on two lesser charges related to causing bodily injury. Lawyers involved in the case indicate that Martin and Mills are likely to change their not guilty pleas in state court, whereas Bean, Haley, and Smith maintain their not guilty pleas to the state charges.
The circumstances surrounding Nichols’ death sparked nationwide protests and amplified calls for police reform throughout the United States, while drawing significant criticism towards the Memphis Police Department, located in a majority-Black city.
Following the incident, the U.S. Department of Justice initiated a thorough 17-month investigation into the Memphis Police Department, which concluded that the department has a pattern of excessive force and discrimination against Black individuals. The police department is comprised of more than 50% Black officers, and Police Chief Cerelyn “CJ” Davis also identifies as Black.
The officers were part of the Scorpion Unit, a crime suppression team that has since been disbanded. This unit was primarily focused on drug offenses, illegal firearms, and violent crimes, often prioritizing arrest numbers at the expense of using force against unarmed individuals.
