MEMPHIS, Tenn. (AP) – Former Memphis police officer Desmond Mills Jr. testified on Tuesday, expressing regret for not intervening during the beating of Tyre Nichols after Nichols fled a traffic stop in January 2023. Mills' testimony occurred on the second day of the trial for officers Tadarrius Bean, Demetrius Haley, and Justin Smith, all of whom have pleaded not guilty to state charges, including second-degree murder, stemming from Nichols' death. Nichols, a 29-year-old Black man, was subjected to violent treatment by the police as he pleaded for his mother just steps from his home.
The three officers had already faced consequences for their actions, having been convicted of federal charges last year. The brutal footage capturing Nichols' beating was recorded by a police pole camera and showed the officers laughing and conversing while Nichols struggled on the ground. Nichols' death incited nationwide protests and intensified calls for police reform across the United States, particularly highlighting issues within the Memphis Police Department, a predominantly Black force serving in a majority-Black city.
Mills has pleaded guilty to federal charges previously and is expected to plead guilty to state charges as well. In his testimony, Mills described a police call received on January 7, 2023, regarding a suspect who had fled a traffic stop after being pepper-sprayed and Tasered. After a brief foot chase, Nichols was eventually apprehended by Bean. Upon reaching the scene, Mills testified that he found Nichols struggling with Bean and Smith, who were restraining him on the ground.
Mills recounted attempting to pepper-spray Nichols; however, he accidentally sprayed himself, which incited his anger. Subsequently, he approached Nichols and struck him three times on the arm with a police baton while Nichols was being restrained by the other officers. Mills admitted to the prosecutor, Paul Hagerman, that his actions were fueled by anger. Another officer, Emmitt Martin, reportedly also kicked and punched Nichols in the head during the altercation.
Tragically, Nichols succumbed to his injuries three days following the beating. Mills acknowledged in court that he failed to fulfill his duty to stop the violence, which he later expressed regret for. When questioned about the situation, Mills noted that Nichols was not complying with commands to present his hands for handcuffing and concurred that a lack of compliance could pose risks to officers.
Under cross-examination, defense attorney John Keith Perry asked whether Mills would have hit Nichols had he cooperated. Mills affirmed that he would not have resorted to violence had Nichols complied with officers' orders. During this time, the courtroom was described as stifling, with the air conditioning malfunctioning, causing noticeable discomfort for those present.
Under the plea agreements established, Mills’ state sentence will align with his federal one, with the possibility of facing life in prison, though federal prosecutors have suggested a 15-year sentence. Mills would serve his state punishment concurrently with his federal term.
During the opening statements of the trial, prosecutor Hagerman articulated that Nichols was held by two officers as he faced extreme physical aggression from the others, including baton strikes. He emphasized that the officers shared a collective responsibility to halt the brutality, but ultimately failed to do so, having been "overcome by the moment." Furthermore, Bean's attorney argued that the situation escalated when Nichols attempted to flee for approximately two miles after being signaled to stop, asserting that Nichols resisted arrest throughout the encounter.
The trial, taking place in Hamilton County, was moved from Shelby County to ensure a fair jury selection amidst heightened media attention surrounding the case. The defendants face a variety of serious charges, including second-degree murder, aggravated assault, and official misconduct. Mills and Martin, who have entered into plea agreements, are expected to testify against their former colleagues during the trial. Sentencings for all five officers involved in the federal case are anticipated following the state proceedings.
A 17-month investigation by the U.S. Justice Department previously uncovered instances of excessive force used by the Memphis Police Department and highlighted discriminatory practices against Black residents.
