MEMPHIS, Tenn. — A Shelby County judge granted a motion Monday to give three ex-SCORPION officers charged in Tyre Nichols' death a separate state trial from Emmitt Martin, who testified against them in federal court.
Tadarrius Bean, Demetrius Haley and Justin Smith face charges of second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression in state court.
The three former Memphis Police Department officers will stand trial on state charges in the death of Tyre Nichols on April 28, 2025.
Martin was previously set to serve as a co-defendant with the other officers, but Shelby County Criminal Court Judge James Jones Jr. ruled on Nov. 25 to approve the defense's motion to sever after acknowledging that Martin would serve as a source of conflict.
Jones had previously denied a motion to sever in the case, but because Martin's testimony from the federal trial could now be used by prosecutors, that cooperation in the previous trial could cause conflicts between defendants and their strategies.
Unlike the federal trial, the state trial is expected to last a week, if that.
“Depending on what the sentence is in federal court, the state trial may be settled without a trial,” Claiborne Ferguson, a Memphis-area lawyer specializing in criminal law previously told ABC24.
"It would be concurrent time and it would be a waste of resources, and I think the family unless the family just wants it, it’s time for closure.”
Emmitt Martin III pleaded guilty in August to federal charges of using excessive force and failing to intervene in the unlawful assault, and also conspiring to cover up his use of unlawful force. Prosecutors have recommended Martin be sentenced to 40 years in prison for his part in Nichols' killing. Shelby County District Attorney General Steve Mulroy expects Martin to change his plea on the state charges.
Desmond Mills Jr., pleaded guilty in early November 2023 to federal charges of excessive force and obstruction of justice. Mulroy previously said Mills also reached deal with the state to plead guilty to charges of second-degree murder, aggravated kidnapping, and official misconduct. A 15-year sentencing recommendation for Mills covers both the federal and state cases.
A jury trial for the $550 million civil lawsuit filed by Nichols’ family against the City of Memphis is set for March 2025. Similar to the federal trial, the outcome of the state trial could very well impact the case, according to Ferguson.
Nichols was beaten Jan. 7, 2023, after a traffic stop that was caught on video. Nichols died of blows to his head three days later, and the manner of death was listed as a homicide, an autopsy report released May 4 showed.
Bean and Smith were found guilty of obstruction during the federal trial, but were found not guilty on the remaining charges in the four count indictment.
Haley was found guilty of obstruction, conspiracy to commit obstruction and lesser charges of the first two counts, deprivation of civil rights and deliberate indifference resulting in serious bodily injury.
Sentencing for the federal charges is set for January 2025.
