The five former Memphis police officers who have been convicted of federal crimes related to Tyre Nichols’ fatal beating are slated to be sentenced at the end of the year.
The former detectives – Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills, and Justin Smith – were supposed to be sentenced in June, but the judge originally overseeing their case recused himself for reasons that have not yet been publicly released.
Judge Sheryl Lipman now tentatively scheduled the week of December 15 to determine the men’s sentences.
She still has to rule on several outstanding motions related to the proceedings, including a request from some defense attorneys for a new trial.
Mills and Martin pleaded guilty in the federal case as part of a deal that included an agreement to testify at trial. Prosecutors are recommending Mills serve 15 years and Martin no more than 40.
All of the defendants faced the same charges including using excessive force in violation of Nichols’ civil rights and acting to mislead others or cover up their conduct.
During a trial last fall, a jury found Smith and Bean guilty of a count related to the latter. They were acquitted of civil rights violations. Haley was found guilty on all four counts, but jurors determined his violations resulted in Nichols’ injury and not death.
Nichols died in a hospital three days after officers pulled him over for reckless driving in January 2023. He fled the stop after being yanked from his car and pepper sprayed. Video footage then captured the five charged officers either restraining, kicking, punching, kicking or striking Nichols with a baton after they found him.
In May, Bean, Smith and Haley were all found not guilty of second degree murder in a separate state trial. Mills again testified for the prosecution and intends to plead guilty to state charges. Martin has also agreed to plead guilty but has not finalized a deal with the state.
It remains unclear why Judge Mark Norris, who presided over the federal trial, recused himself before sentencing. The Daily Memphian has asked Lipman to unseal documents related to the case in an attempt to learn more.
The City of Memphis, which is being sued by Nichols’ family, has also asked for the records to become publicly available.
