Defense attorneys attempted to downplay unnecessary force accusations against three former Memphis police officers involved in the 2023 death of Tyre Nichols, while other involved cops testified to bouts of regret, NBC News reports.
Former Memphis officer Desmond Mills Jr. took the stand on April 29 during the trial of his former colleagues Tadarrius Bean, Demetrius Haley, and Justin Smith. Mills testified as a witness for the prosecution against the three ex-officers who pleaded not guilty to state charges that include second-degree murder in Nichols’ death. Mills and another involved officer, Emmitt Martin, agreed to plead guilty to the state charges in exchange for not standing trial in a deal with prosecutors.
While on the stand, Mills testified he regrets not stepping in to stop the beating, which resulted in Nichols’ death three days later from blunt force trauma, as described by the official autopsy. Mills acknowledged his duty to intervene but didn’t. “Do you regret that?” the prosecutor said.
Mills replied with, “Yes.”
Footage from a police pole camera of the beating made national headlines and resulted in statewide protests. The 29-year-old Black man was seen being yanked out of his car during a January 2023 traffic stop, in addition to being pepper-sprayed and hit with a taser. After fleeing, Mills, Haley, Bean, and Smith caught up with him and, after apprehending Nichols, the officers were seen punching, kicking, and hitting the victim with a police baton, struggling to handcuff him. Nichols was heard yelling for his mother just a few steps away from his house.
However, during cross-examination, Mills claims Nichols was resisting arrest and not complying with orders to give officers his hands so he could be handcuffed.
Questions from defense attorney John Keith Perry tried to dial back on murder accusations by asking Mills if he would have hit Nichols with the baton if he had put his hands behind his back when asked. Perry also asked if he thought Bean and Smith were holding Nichols in hopes that Martin could hit him. Mills responded with no answers to both questions.
In addition to Mills claiming he and the other officers didn’t feel safe since Nichols wasn’t searched before he fled, other secrets from the investigation were revealed from key testimonies. According to CNN, Tennessee Bureau of Investigation (TBI) cybercrime expert Derek Miller testified that Haley took a picture of Nichols. At the time, he was propped up on the ground and shared the incident 11 times while having text conversations with eight people about it.
In December 2024, the U.S. Justice Department released results from a 17-month-long investigation that highlighted how the Memphis Police Department has a habit of using excessive force and discriminating against Black people. Mills admitted Nichols never once punched, kicked, or got on top of any officers involved that night.
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