Former Memphis Police Department officer Desmond Mills took the stand against his three former SCORPION unit colleagues in the ongoing federal civil rights trial in the death of Tyre Nichols.
Mills was one of the five officers indicted in Nichols' death.
Mills accepted the first plea deal in the case, pleading out to counts one and three of the indictment alongside the state murder charge, and has a recommended sentence of 15 years.
The officer said he was looking to leave the department as a whole when Tadarrius Bean joined the SCORPION unit saying he didn’t like the structure of the team, that others were inexperienced and the culture of the team was “go, go, go.”
Mills said that Emmitt Martin, who has also pleaded guilty, and Demetrius Haley were being hostile towards citizens and he didn’t like what he saw.
That led to both Haley and Martin both having several entries for response to resistance forms.
Haley was supposedly coming to work “amped up” on pre-workout, Mills said.
Mills even talked to Haley about his lackadaisical use of his body worn camera, to which Haley allegedly told him, “F- that sh-.”
Justin Smith, who’s also on trial, told officers during a roll-call that they needed to check on Martin after he was hit by a car, Mills said.
Prosecutors asked Mills about seeing uses of force.
Mills said that he saw video of Haley punching Jesus Valles with the former lieutenant of SCORPION team. Mills said he asked him what he would do and replied that he would send it up the chain of command.
Prosecutors began to question Mills on the arrest the day before Tyre Nichols stop, involving DeAngelo Lauderdale.
Mills said that Haley kicked Lauderdale in the face after being handcuffed and didn’t report it.
“I was going to go along and hide it with the rest of the team,” Mills said.
The response to resistance forms lists Mills as using chemical spray but not Haley kicking Lauderdale.
Prosecutors then played Mills body worn camera from the night of Nichols stop.
Smith and Bean were allegedly punching Nichols when Mills arrived, he said.
Mills is shown threatening to and pepper spraying Nichols as he calls for his mother.
“I thought it would help and get handcuffs on him,” Mills said.
Mills said he should have adequately analyzed the situation.
“I just pulled the spray out and I sprayed Mr. Nichols,” Mills said. “I failed to assess and analyze … just started spraying.”
Prosecutors asked what threat Nichols posed during the portions of the video shown.
Mills said, “None.”
After a recess, Mills was asked about his use of the ASP baton, which he admitted to using three times against Nichols.
“I was angry because I just sprayed myself in the face,” Mills said. “I didn’t give him a chance to give me his hands.”
Mills struggled to speak after watching the video of Nichols being struck and his breath began to quiver. He didn’t answer the question from prosecutors on who was using excessive force and cried.
“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much,” Mills said. “It felt bad every time the picture is on the screen to know I’m a part of that. I made his child fatherless. I’m sorry, I’m sorry. I know sorry won’t bring him back but I pray his child has everything he needs growing up.
“Food clothes, everything. … I wish I didn’t see it.”
Mills admitted that he is testifying in hopes that his sentence will be reduced.
Prosecutors asked why the officers didn’t tell lieutenants and Mills said, “it was ugly,” and “so we didn’t tell lieutenant.”
Mills walked away from the scene twice, saying once was when he sprayed himself and the other was because he “wished he didn’t see it.”
“I wish I would’ve stepped in between them,” Mills said. “It looked bad. I didn’t want to be a part of it.”
