Five former Memphis Police officers will now face sentencing at a later date for federal crimes connected to the beating death of Tyre Nichols. This comes after a last-minute recusal from the judge overseeing the criminal case.
Judge Mark Norris was originally slated to sentence the men – Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin and Desmond Mills – this month.
Norris stepped aside the Friday before the process was set to begin June 16. Norris did not offer a reason for his recusal in any publicly available records, although some documents were filed under court seal leading up to sentencing.
Judge Sheryl Lipman is now in charge of the case. Some of the former officers appeared before her Friday for a status hearing. Smith and Mills were not present.
Although Lipman initially proposed a possible sentencing date in October to allow her time to review the case and rule on motions, some defense attorneys pushed back, questioning whether that was too short of a timeline.
As of now, no sentencing date has been set. Parties are due back in court July 24 for a status update.
All of the former officers faced the same four federal charges stemming from Nichols’ 2023 fatal arrest including civil rights violations by using excessive force and ignoring Nichols’ medical needs. They were also accused of trying to cover up their misconduct.
Graphic police body camera and surveillance footage captured officers on Jan. 7, 2023 either restraining, punching, kicking or striking Nichols with a baton following a traffic stop that Nichols fled on foot. Nichols eventually went into cardiac arrest after being cuffed at the scene – according to medical records – and died in the hospital three days later. An official autopsy determined blunt force trauma to the head as the cause of death.
Martin and Mills accepted plea deals in the federal case and testified last September against their three other former colleagues. Federal prosecutors are recommending a 15-year sentence for Mills and no more than 40 years for Martin.
Haley, Beans and Smith pleaded not guilty. A jury convicted Haley on all four counts but a lesser charge of causing Nichols’ bodily injury and not his death. He is currently in federal custody.
Smith and Bean were found guilty of witness tampering in the form of misleading or lying to supervisors about their actions. They are out on bond.
The former officers were all also indicted separately in state court and accused of second degree murder as well as several other felonies. Jurors from the Chattanooga-area acquitted Haley, Bean and Smith of all charges in a trial last month.
Mills has agreed to plead guilty in state court. Martin has indicated he will also plead guilty, but Shelby County District Attorney Steve Mulroy says his office is awaiting federal sentencing to finalize Martin’s state arrangement.
Some defense attorneys have filed a motion for a new federal trial, but details of the request remain under seal.
