MEMPHIS, Tenn. — Former SCORPION unit officer Desmond Mills continued his testimony Wednesday in the trial of three former Memphis Police Department officers.
Mills, alongside fellow MPD officers Emmitt Martin III, Tadarrius Bean, Demetrius Haley and Justin Smith were indicted for their role in the stop of Tyre Nichols on January 7, 2023. Nichols died three days later at St. Francis Hospital.
Mills and Martin have both accepted plea deals in the case.
Day 13 in the trial began with jurors being instructed to disregard an emotional response from Mills during Tuesday’s testimony in which he described how he felt when watching the videos.
“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much,” Mills said Tuesday. “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 was questioned by prosecutors on his statement to former SCORPION Lt. Dewayne Smith of the arrest being “by the book.”
The officer said it was his way of trying to hide the situation and that their conversations off the body worn cameras was a mutual understanding off camera conversations were not to be reported.
Mills was asked about how Nichols looked on the scene and whether force was reported to EMTs.
“He didn’t look good,” Mills said. “As an officer, I respond to scenes where the victim looks like Mr. Nichols. This was the first time I was a part of it.”
Prosecutors asked Mills about conversations with the other officers about the stop.
Mills said Haley asked him if his body worn camera captured him, describing him as acting like, “I hope I’m not on there.”
Justin Smith also spoke to Mills and said Haley had sent him the photo he took of Nichols slumped against the car but deleted it. Smith also noted punches and kicks by Martin and Haley.
“I was going a long either way the cover-up,” Mills said. “Hoping for the best that Mr. Nichols would survive and this whole thing would blow over.”
Mills admitted lying to MPD’s inspectional services bureau, the department’s version of internal affairs.
“I needed this job for my wife and kids,” Mills said. “This job has good insurance. I have children with special needs. I needed this job for my family. I let them down.
“I was going along with the cover-up.”
Mills was asked about response to resistance forms from the incident, stating they weren’t accurate and that Nichols, “was not aggressive at all.”
“To make the arrest look better than it really is,” Mills said about his response to resistance form. “To make Mr. Nichols look worse than he really is.”
Mills moved into cross examination with Bean’s attorney asking him if he was the only one who truly had opportunity and means to intervene since he didn’t have hands on Nichols.
Mills disagreed citing that the officers could have moved Nichols away from the punches while holding his hands.
While being questioned on his changing statements regarding the stop to ISB investigators, Mills reiterated that is because he lied to ISB about what happened.
Defense attorneys alluded to Mills being promised a deal for his testimony, to which he agreed he took, being the reason for his changing statements.
Mills was pushed on his use of the ASP baton on Nichols, which he said he struck Nichols three times with his baton.
But Mills noted that his use of the baton was improper despite it not being used to the head, citing it is a defensive weapon.
Mills said this was the first time he had ever used his baton, or excessive force.
Defense attorneys asked if that was because verbal commands weren’t working, to which he said that was not correct.
Mills responded with his testimony from Tuesday saying that it was because he was angry he sprayed himself and that it was excessive.
