MEMPHIS, Tenn. — A second officer has pleaded guilty to federal charges against him relating to the beating death of Tyre Nichols.
Emmitt Martin III pleaded guilty to counts one and three of the federal indictment. Count one charged Martin with using excessive force and failing to intervene in the unlawful assault. Count three charged Martin with conspiring to cover up his use of unlawful force by omitting material information and by providing false and misleading information to his supervisor and to others.
"Driven by anger, Emmitt Martin used excessive force on Tyre Nichols on January 7, 2023. Driven by fear, he tried to cover it up. Today, in open court, he accepted responsibility for what he did," said Martin's attorney Stephen Ross Johnson.
Martin's change of plea hearing is now the second time an officer indicted in the case has pled guilty to federal charges.
Martin, along with Tadarrius Bean, Demetrius Haley, and Justin Smith Jr., originally pleaded not guilty to federal charges alleging they used excessive force and lied about the beating. They also face state charges of second-degree murder, assault, official misconduct, and kidnapping.
In early August, U.S. District Judge Mark Norris said they are still on track for the scheduled September 9th trial date in the federal case. August 26th was set as a deadline to enter any plea agreements.
Martin's sentencing will take place Dec. 5, 2024 in the federal case. Prosecutors recommended Friday that Martin spend 40 years in prison for his part in Nichols' killing.
Shelby County District Attorney General Steve Mulroy released a statement following Friday's hearing saying that he expects a similar deal in state court.
“Today, Emmitt Martin entered a guilty plea in federal court, which will lead to a substantial and well-deserved sentence," Mulroy's statement said. "From the beginning, our office has closely coordinated our state prosecution with the federal prosecution. We expect that at the appropriate time, Martin will enter a similar plea in state court.
"This marks another important step toward closure for the family of Tyre Nichols. While today’s development is significant, there is still more work to be done. The public deserves confidence that those responsible for enforcing the law will be held accountable for excessive force. We remain committed to this fight for justice for Tyre.”
The trial on the state charges was originally set for August 12, but a judge later agreed to move the state trial to after the federal trial. A jury trial for the $550 million lawsuit against the City of Memphis is set for March 2025.
Attorneys for Nichols' family Ben Crump and Antonio Romanucci held a press conference following the hearing with the family members.
"Today was very emotional to hear another person plead guilty in my son's murder," RowVaughn Wells said. "It was kind of bittersweet that I had to hear him plead guilty to all those charges in court today but at that same token....as far as as I'm concerned....this is very difficult. I have four children. One of my children is gone now because of the Memphis Police Department. Tyre was just coming home minding his own business.
A fifth former officer charged in the case, Desmond Mills Jr., pleaded guilty in early November 2023 to federal charges of excessive force and obstruction of justice. The same charges Martin plead to Friday, Aug. 23.
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 covers both the federal and state cases.
Nichols was beaten Jan. 7, 2023, after a traffic stop that was caught on video, and he died three days later. Nichols died of blows to his head, and the manner of death was homicide, an autopsy report released May 4 showed.
The five officers, all of whom are Black, were fired shortly after the beating. Two other MPD officers were also fired, along with three Memphis Fire Department emergency medical technicians who were fired for failing to render aid to Nichols as he struggled with his injuries. All were named as defendants in the civil lawsuit by Nichols’ family against the City of Memphis.
The five former officers who were charged were also part of the so-called Scorpion unit, a crime-suppression team police officials disbanded after Nichols' beating.
The lawsuit filed by Nichols' mother blames the former Memphis Police officers for his death and accuses MPD Chief Cerelyn "CJ" Davis of "turning a blind eye" to the department’s SCORPION unit's "aggressive style of policing" even before Nichols' assault.
"I'm really hoping we won't have to go to trial. I'm hoping after today that the other three officers will look in the mirror and say that they are guilty because they are," Wells said Friday. "I'm happy he pleaded guilty but it doesn't help my pain. I will never get my son back. I will never hear his laugh again. I will never get another text from him again."
In July 2023, the U.S. Department of Justice announced it was launching a civil rights "pattern or practice" investigation into the Memphis Police Department and the City of Memphis.
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