Ex-cop remorseful for not preventing Tyre Nichols’ death

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    MEMPHIS, Tenn. — In a courtroom filled with tension and heat, former Memphis police officer Desmond Mills Jr. testified on Tuesday, expressing deep regret for not preventing the assault on Tyre Nichols. Nichols, a 29-year-old Black man, died following a brutal encounter with police after reportedly fleeing a traffic stop in 2023.

    The trial saw Mills standing as a witness in the proceedings against fellow officers Tadarrius Bean, Demetrius Haley, and Justin Smith, who face charges including second-degree murder. The accused have entered not guilty pleas in response to the charges stemming from Nichols’ death.

    Captured footage from a nearby police camera revealed chilling scenes: officers conversing and laughing near Nichols during the harrowing ordeal. Nichols’ tragic death sparked nationwide protests and intensified scrutiny over the Memphis police force, further amplifying calls for sweeping police reforms.

    Mills, who has acknowledged guilt on federal charges, admitted he intended to plead guilty to the state charges too. During the testimony, Mills divulged that an attempt to pepper-spray Nichols went astray—he accidentally sprayed himself, leading to a surge of anger.

    Recounting the night of January 7, 2023, Mills described how he responded to a radio call about Nichols fleeing officers following a taser and pepper spray incident. Mills found Nichols on the ground, struggling with colleagues Bean and Smith. He then proceeded to strike Nichols with a baton, attributing his actions to the earlier frustration from pepper-spraying himself.

    Acknowledging the intense cross-examination, Mills admitted that under the stress and confusion, he refrained from stopping the beatings or accurately reporting the incident to superiors and medical personnel, fearing the consequences.

    In cross-examination, Mills confirmed that Nichols resisted repeated commands to comply, arguing such resistance posed potential dangers to law enforcement. Defense counsel John Keith Perry probed further, suggesting a different scenario if Nichols had obeyed commands, to which Mills conceded he would have ceased his actions.

    Perry, perspiring in the poorly ventilated courtroom, emphasized the challenging conditions faced that night, attempting to frame the officers’ actions within the context of a high-stress, rapidly escalating situation.

    Opening statements delivered by prosecutor Paul Hagerman revealed the collaborative nature of the assault, which he described as the officers succumbing to the pressure of the moment. Hagerman stressed the officers’ lost chance to de-escalate the situation, as Nichols lay vulnerable, a victim to an unrelenting assault that ultimately led to his death from blunt force trauma.

    Defense statements focused on the high-risk nature of the encounter. Perry illustrated Nichols’ persistent resistance, while asserting the officers aimed to fulfill their duties amidst chaos.

    In efforts to secure a fair trial, the jury was selected from Hamilton County, reflecting concerns about pretrial publicity in Shelby County, where the incident took place.

    Smith and Haley are recognized for summoning medical aid during the incident, though the implications of their actions remain central to the unfolding legal proceedings.

    As the state trial progresses, it runs parallel to a broader federal indictment that accuses the Memphis Police Department of systemic issues, including excessive force and racial discrimination, as concluded by a U.S. Justice Department investigation.

    The state trial marks a pivotal point for the city of Memphis, as it grapples with issues extending beyond the courtroom walls, demanding accountability and the reevaluation of policing practices within the community.