MEMPHIS, Tenn. — A Memphis judge has agreed to move a trial on state charges against the four former Memphis Police officers who remain charged in the death of Tyre Nichols until after the federal case is decided.
However, while the judge granted the motion during a hearing Friday, March 8, 2024, he also said he wanted the state case to move forward as quickly as possible if the federal case fell through for any reason. A new date for the state trial was not set. The federal trial remains set to begin Sept. 9.
According to the consent order, the state and Nichols' family agreed to the delay, as "the family's interest is in the efficient and fair administration of justice."
The former MPD officers charged with second-degree murder in connection with Nichols' death are Emmitt Martin III, Demetrius Haley, Justin Smith, and Tadarrius Bean.
One of the five officers originally charged, Desmond Mills, pleaded guilty to state and federal charges, with a recommendation of 15 years in prison.
In the joint filing dated March 7, 2024, Martin, Haley, Smith, and Bean asked that the state case, which had been set for Aug. 12, 2024, be removed from the docket “pending resolution” of the federal trial. The filing claimed the “parallel prosecutions create friction and have a chilling effect on the defendants’ ability to exercise their constitutional rights in defending both cases.”
The former MPD officers have pleaded not guilty to criminal charges including second-degree murder in the beating of Nichols after a traffic stop that was caught on video— and his death three days later. Nichols died of blows to his head, and the manner of death was homicide, an autopsy report released May 4 showed.
Three Memphis Fire Department emergency medical technicians were fired for failing to render aid to Nichols. Two Shelby County Sheriff's Office deputies who went to the location after the beating were suspended for five days for policy violations.
During a Dec. 4, 2023, hearing, both the defense council and the state discussed the evidence they were able to review in the case. The attorneys said each defendant received more than 300 hours of audio and video evidence to look over as part of the discovery process.