Ex-officer cross-examined in trial of Tyre Nichols’ beating death

(MEMPHIS, Tenn.) — A former Memphis police officer who pleaded guilty to charges connected to the beating death of Tyre Nichols faced cross-examination from defense attorneys Wednesday.

Emmitt Martin III testified at the trial of the three former officers — Justin Smith, Tadarrius Bean and Demetrius Haley — who were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.

Stephen Leffler, Haley’s attorney, mentioned that the boots of the ex-officers involved in the encounter were taken into evidence after the incident, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom. Martin said that blood was found on his and Haley’s shoes.

Martin Zummach, Young’s lawyer, claimed that the no-snitch rule the former officer’s unit followed didn’t apply to Smith or Bean because they had only worked 11 shifts with Martin. The ex-officer disagreed and said the rule was understood by Smith and Bean as well.

Martin and Desmond Mills Jr., the two officers who were also charged in this case, have pleaded guilty to some of the federal charges.

Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.

Martin said on Monday that on Jan. 7, 2023, the night Nichols was pulled over, he saw the Memphis resident speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.

Leffler asked Martin why he said, “Let go of my gun,” during the encounter with Nichols. Martin said that he felt pressure on his duty belt, according to WATN. But Martin also pointed out that he had previously told prosecutors that Nichols was not trying to take the weapon out of his holster and had not seen him do it.

The defense said Tuesday that Martin changed his story of what happened the night of their encounter with Nichols after accepting a plea deal from the prosecution, adding that if the ex-officer’s testimony leads to the conviction of even one defendant, Martin could receive a lesser sentence, according to WATN.

Defense attorneys questioned if Martin was lying on the stand to fulfill the terms of his plea deal, according to WATN. But the ex-officer responded by claiming that he was lying in earlier statements to justify his use of force on Nichols.

In police reports filed the night of Nichols’ arrest, narratives read that the Memphis resident swung at officers and tried to grab Martin’s gun. Martin said on Tuesday that he never saw that occur, according to WATN.

Under cross-examination on Tuesday, Martin was asked by John Keith Perry, Bean’s attorney, whether he had ever told Bean that he had “homicidal thoughts.” Martin said he never told that to Bean and had told that to Justin Smith before coming back to work in January 2023 after being hit by a car in November 2022, according to WATN. Martin said Wednesday he never told his former supervisor, about those thoughts.

Martin said Tuesday that he experienced four life-threatening injuries after being struck by the vehicle and was diagnosed with post-traumatic stress disorder, suffering from loss of sleep, paranoia, irritability and chronic headaches, according to WATN.

Martin told prosecutors Monday that he was scared, angry and eager to show he could still do the job and wanted revenge for being hit by a car, according to WATN.

Body-camera footage shows that Nichols fled after police pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes later after tracking him down. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.

Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.

The prosecution told ABC News last week that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.

After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.

The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.