MEMPHIS, Tenn — Emmitt Martin III continued his testimony upon cross examination during day eight of the federal trial against three former Memphis Police Department officers.
Martin was one of five former SCORPION unit officers who had been indicted for their role in the stop of Tyre Nichols on January 7, 2023. Nichols died three days later at St. Francis Hospital.
Martin, who is one of two officers to have accept a plea deal from federal prosecutors alongside Desmond Mills, was cross examined most of the morning by Stephen Leffler and Martin Zummach, who represent Demetrius Haley and Justin Smith respectively.
Leffler asked Martin if he said, “Let go of my gun,” the night of the stop as an exaggeration or to justify escalating the situation, echoing Martin’s testimony that SCORPION officers would do that at scenes.
Martin said he did not say that to escalate the situation and did feel pressure on his duty belt and had previously given statements saying he felt pressure on his belt or gun.
But Martin also pointed out that he had previously told prosecutors in a meeting that Nichols was not trying to take the weapon out of his holster and had not seen him do it.
Martin answered Leffler’s questioning on what was taken from them and that their department boots were taken into evidence. From his recollection, Martin said blood was found on both his boots and Haley’s.
Leffler introduced Martin’s plea agreement into evidence and noted that Martin has a clause saying he can’t misrepresent his involvement or it could nullify any favorable recommendations of sentencing.
A prior arrest that was made by Haley and Martin of Jesus Valles, where Haley was shown on body worn camera showing Haley hit Valles.
Leffler asked Martin if he had ever been spit on, alluding to Haley being spit on by Valles.
Justin Smith’s attorney, Martin Zummach, questioned Martin on whether he had ever seen Smith “punish” a suspect. Martin said he never had.
Zummach also referenced Martin having told a psychologist that he had been having “homicidal thoughts.”
Martin said he never told the supervising lieutenant, Dewayne Smith, about those thoughts.
But Martin admitted he wanted revenge against the suspect who hit him with a car.
When describing the stop, Martin said he never used force on the first scene except for having his gun drawn.
Zummach questioned if he didn’t mention kicking Nichols during the stop in front of Justin Smith, because he was afraid Smith would turn him in.
Smith had previously turned in a SCORPION officer, Charles White, who had shown other officers video of him striking an unhoused individual.
Martin disagreed with that, despite saying he did not turn him in after seeing the video.
Zummach also claimed the no snitching rule did not apply to Justin Smith or Tadarrius Bean, who had only worked 11 shifts with Martin.
Martin disagreed saying it was an understood agreement.
Most of Zummach’s cross examination focused on the Federal Bureau of Investigation report made through interviews with Martin and how his story had changed or was worded differently.
Martin previously told FBI agents that his kick escalated the situation but said it didn’t during his testimony.
Zummach also brought up that Martin was under pressure to get his arrest stats, and that in a meeting with the team said they needed to check their anger, but it was directed at Martin.
Before a recess for lunch, Zummach brought up a prior arrest made by SCORPION officers where Haley had kicked the suspect.
Martin agreed he told FBI agents that he saw Haley kick the suspect on the body camera footage. Zummach questioned if he saw Smith kick the suspect, and Martin said no.
Zummach said in Smith’s response to resistance form, Smith admitted to using a leg strike despite it not being visible.
After recess, Zummach refocused on what personal responsibility Martin had in the stop and not turning on his body worn camera.
Martin said it wasn’t intentional. Martin said he was mad when he kicked Nichols and couldn’t say how hard he kicked him.
“I just know I kicked him.”
During redirect, Martin reiterated that the force used that night was not in line with departmental policy and that he did lie to internal affairs investigators.
“I couldn’t justify what I did so I had to leave it out,” Martin said.
Martins testimony ended by saying again that Smith told him to hit Nichols before he did.
Former girlfriend of ex-MPD Officer Demetrius Haley testifies
After Martin left the stand, prosecutors called Brittany Leake to the stand.
An MPD officer, Leake is the former girlfriend of Haley and the recipient of a photo sent by him of Nichols leaned up against the police car.
That photo was presented in court, showing Nichols bleeding from his mouth, appearing dirty and his sweatshirt torn at the shoulder. His eyes appear closed.
Leake said that Haley had sent her the photo in a group chat with her god-sister and she said he needed to go to the trauma center.
Leake deleted the photo saying, “I wasn’t offended but it was difficult to look at.”
Haley had previously sent her photos from the job before, Leake said, including photos of a burned suspect.
Leake said that during her two years as an officer she has never sent photos because it is against policy.
MPD dispatcher working night of deadly beating testifies
Prosecutors then called dispatcher Yentl Evans to the stand. Evans was working dispatch Jan. 7, 2023.
Evans was questioned on the importance of knowing what happened on scene so proper medical care can be administered.
Prosecutors asked if Evans was notified of the use of batons, head strikes or head injuries. Evans said no to each.
During cross examination, Evans said that she did not asked officers if they had done any of those things, but that is not her job responsibility, per Evans.
Paramedic who treated Tyre Nichols testifies
Prosecutors called Jesse Guy, a former Memphis Fire Department (MFD) paramedic, who treated Nichols on the scene and in the ambulance to St. Francis Hospital.
Guy said the call came in for an assault, and when they made it on scene, MFD EMT Robert Long informed him that Nichols, “Just went out.”
Guy said he made Long and his partner grab the gear and headed to Nichols when he heard an officer say he took something.
Nichols was unresponsive and had swelling on his head, scratches and marks around his neck and blood coming from his mouth, Guy said.
Guy gave Nichols Narcan to try and help but still didn’t get a response.
“It’s time to go,” Guy said he thought. “While time I was on the scene, I felt like something was going on.”
Guy said he gave Nichols oxygen and intubated him and removed his wet clothes. Nichols received pads that make defibrillation easier and only saw a straight line for his pulse.
After epinephrine, more oxygen and sodium bicarbonate were given, Guy said there was still no response.
“I was trying to save his life,” Guy said.
Guy made the choice to get Nichols to the closest hospital so the amount of care could increase. By the time they got Nichols to St. Francis Hospital, they were able to get his heart beating again.
Prosecutors asked if he spoke to any of the officers at the hospital, but Guy said that when he asked an officer what happened and he sighed, Guy said, “Never mind,” because he thought they were going to feed him, “BS.”
When he saw officers on the scene huddled over Nichols, it made him question what happened, but Guy said he just wanted to get him out of the scene.
During cross examination, defense attorneys focused on whether MFD EMTs gave him any information on the care they had already given Nichols.
Guy said they didn’t tell him much and didn’t get an assessment, just that they had gotten Nichols to moan in response from former MFD EMT JaMichael Sandridge.
Defense attorney Michael Stengel asked when did he know it was a medical emergency, Guy responded, “when I laid eyes on him.”
Guy will continue his testimony Thursday morning.