Tyre Nichols trial: Former officer testifies

Memphis, Tennessee
AP
—

Tyre Nichols posed no threat to police when he was pulled from his car during a traffic stop that preceded a fatal beating by five Memphis police officers, according to testimony Monday from a former officer who pleaded guilty in the case, which has led to nationwide protests and renewed calls for police reform.

Emmitt Martin III testified at the federal trial of his former colleagues Tadarrius Bean, Demetrius Haley and Justin Smith. All three officers have pleaded not guilty to charges that they deprived Nichols of his civil rights through excessive use of force and failure to intervene, and obstructed justice by tampering with witnesses.

All four men, along with fellow officer Desmond Mills Jr., were fired after Nichols’ death in January 2023. The beating was caught on video by police, which was made public. The officers were later indicted by a federal grand jury. Martin and Mills took plea deals and are testifying against the other officers.

For the first time in the trial, jurors heard testimony from one of the officers who beat Nichols. Martin said he and his former colleagues — members of the Scorpion Unit, a Memphis police team that hunted for drugs, illegal weapons and violent criminals — justified the force they used against a person by exaggerating that person’s actions against them. The unit was disbanded shortly after Nichols’ death.

Martin said he saw Nichols speed through a red light and then change lanes without signaling, leading Martin to follow Nichols with his police car's lights on. Haley eventually stopped Nichols' Nissan, pulled out his gun and pulled Nichols from his vehicle without telling him why he was being stopped.

Martin had also drawn his gun and joined Haley in trying to restrain Nichols while shouting various conflicting commands, such as telling Nichols to give the officers his hands, turn onto his stomach and put his hands behind his back.

Meanwhile, Nichols passively resisted officers in a non-aggressive manner, pulling his hands away from officers who tried to handcuff him without telling him why, Martin said.

“He didn't pose a threat,” Martin said.

Nichols, who was black, was pepper-sprayed and hit with a stun gun during the traffic stop but was able to flee, police video shows. The five officers, who are also black, caught up with Nichols and punched, kicked and beat him with batons just steps from his home as he called for his mother.

The video also shows officers moving around and talking as Nichols struggles with his injuries. Nichols died on January 10, 2023, three days after the beating.

In her opening statement, prosecutor Elizabeth Rogers told jurors the assault was punishment because Nichols tried to flee — what's known as a “flight fee” in police jargon.

Martin said that if someone runs away from his team, “we kick their ass.” Martin also added that he and his team would justify using force against a person “if we exaggerate what they did” during the arrest. The officers are accused of lying on forms that require them to describe the force they used against a person.

Martin also acknowledged that Memphis police officers are not trained to hit or kick people to handcuff them, and that officers have a duty to intervene if other officers use unnecessary and unreasonable force. Such policy violations could result in officers being fired and facing criminal charges, Martin said.

Earlier Monday, defense attorneys sought to highlight flaws in officer training practices and policies during the questioning of Lt. Larnce Wright, who trained the five officers and testified about the use of force, handcuffing and other techniques.

Wright testified about the distinction between active and passive resistance, saying that passive resistance occurs when a person does not give officers a hand to be handcuffed while walking away, while active resistance involves fighting officers with punches and kicks.

Martin Zummach, Smith's attorney, asked Wright where in the police department's lengthy training manual the definition of active or passive resistance was mentioned. Wright acknowledged that those definitions were not in the manual.

Wright also testified that handcuffs can be used as a deadly weapon. Officers struggled to handcuff Nichols, and Zummach noted that Smith managed to handcuff Nichols with one handcuff and was trying to put another on him.

Zummach asked Wright a question: If a suspect removes a handcuffed officer's hand, can it be used as a deadly weapon, and can deadly force be used? Wright said it could.

“Until a suspect is handcuffed, no one is safe. Do you agree with that?” Zummach asked. Wright replied, “Yes.”

Kevin Whitmore, Bean's attorney, asked Wright if officers were trained to “stay in the fight” until they had handcuffed and arrested someone. Wright said they were.

“It's dirty work,” Wright said.

Wright began testifying Thursday, when he said officers should have used arm locks, wrist locks and other soft-handed tactics to subdue Nichols.

An autopsy report shows Nichols, the father of a now 7-year-old boy, died from blows to the head. The report describes brain injuries, cuts and bruises on his head and other areas.

The five officers were also charged with second-degree murder in state court, where they have pleaded not guilty, though Mills and Martin are expected to change their pleas. A state court trial date has not yet been set.