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Former Memphis police officer accused in Tyre Nichols case testifies he lied about force used in fatal beating
A former Memphis police officer testified Tuesday that he punched a “helpless” Tyre Nichols at least five times while two colleagues held his arms and said “hit him,” then lied to his supervisor about their use of force in a beating that proved fatal.
Emmitt Martin III testified at trial that he was at the traffic stop on Jan. 7, 2023, when Nichols was pulled over and yanked from his car. Nichols fled, but Martin has said Tadarrius Bean and Justin Smith gave chase and were punching the 29-year-old man without their handcuffs out when Martin caught up with them.
“They were assaulting him,” Martin said Tuesday.
The fatal beating, caught on police bodycams and street surveillance cameras, has sparked protests and calls for police reform. Officers said they pulled over Nichols for reckless driving, but Memphis’ police chief said there was no evidence to substantiate that claim.
Bean, Smith and Demetrius Haley have pleaded not guilty to charges that they deprived Nichols of his civil rights through excessive force and failure to intervene, and obstructed justice through witness tampering. Their trial began Sept. 9 and is expected to run three to four weeks.
Assistant U.S. Attorney Elizabeth Rogers, during opening statements last week, said the force officers used did not match Nichols’ actions.
Bean, Smith, Demetrius Haley and Martin, along with Desmond Mills Jr., were fired by the police department after Nichols’ death. The officers were later indicted by a federal grand jury. Martin and Mills have taken plea deals and are testifying against their former colleagues.
Martin said he was angry that Nichols had run from the traffic stop, and that the team had not yet made any arrests that night.
“I figured that’s what he should get,” Martin said.
Prosecutor Kathryn Gilbert asked Martin whether officers were allowed to use force because they are angry.
“No ma’am,” he said, adding that he should have intervened.
Martin said he threw his body camera on the ground.
“I didn’t want to show what we were doing,” he said “We were assaulting Mr. Nichols.”
Martin said he kicked Nichols, while Mills hit him with a baton. Then Martin said he punched Nichols at least five times while Bean and Smith held his arms and urged Martin on. Officers were holding his arms while also giving him commands to give them his hands.
“He was helpless,” Martin said of Nichols.
Martin said he did not tell Lt. Dewayne Smith, his supervisor, about their use of force. Martin said he told Smith that Nichols was high, without evidence, and that officers lied about Nichols driving into oncoming traffic and taking a swing at them during the traffic stop.
Martin testified that while he felt pressure on his gun belt at the scene of the traffic stop, he never saw Nichols put his hands on his gun. Yet, Martin said, he told his supervisor that Nichols had his hands on his weapon.
“I exaggerated his actions to justify mine,” Martin said.
He said colleagues understood that, “they weren’t going to tell on me, and I wasn’t going to tell on them.”
Martin said they violated department policy with their use of force and lying about it.
Nichols, who was Black, was pepper sprayed and hit with a stun gun during the traffic stop, but ran away, police video shows. The five officers, who also are Black, caught up with Nichols and beat him about a block from his home, as he called out for his mother.
Video shows the officers milling about and talking as Nichols struggles with his injuries. Nichols died Jan. 10, 2023, three days after the beating.
An autopsy report shows Nichols — the father of a boy who is now 7 — died from blows to the head. The report describes brain injuries, and cuts and bruises on his head and elsewhere on his body.
The five officers also have been charged with second-degree murder in state court, where they pleaded not guilty, although Mills and Martin are expected to change their pleas.
Federal prosecutors have previously recommended a 40-year sentence for Martin. A date has not been set in state court yet.
TRENTON, N.J. — Democratic Newark City Council President LaMonica McIver has defeated Republican small businessman Carmen Bucco in a contest in New Jersey’s 10th Congressional District that opened up because of the death of Rep. Donald Payne Jr. in April.
McIver will serve out the remainder of Payne’s term, which ends in January. She and Bucco will face a rematch on the November ballot for the full term.
McIver said in a statement Wednesday that she stands on the “shoulders of giants,” naming Payne as chief among them.
She cast ahead to the November election, saying the right to make reproductive health choices was on the ballot as well as whether the economy should benefit the wealthy or “hard working Americans.”
“I will fight because the purpose of politics and the purpose of our vote is to give the people of our communities and our nation a bold voice,” she said.
Bucco congratulated McIver on the victory in a statement but said he’s looking forward to the rematch in November.
“I am not going anywhere,” he said in an email. “We still have a second chance to make district 10 great again!”
Who are LaMonica McIver and Carmen Bucco?
McIver emerged as the Democratic candidate in a crowded field in the July special election. A member of the city council of New Jersey’s biggest city since 2018, she also worked for Montclair Public Schools as a personnel director and plans to focus on affordability, infrastructure, abortion rights and “protecting our democracy,” she told The Associated Press earlier this summer.
Bucco describes himself on his campaign website as a small-business owner influenced by his upbringing in the foster system. He lists support for law enforcement and ending corruption as top issues.
The 10th District lies in a heavily Democratic and majority-Black region of northern New Jersey. Republicans are outnumbered by more than 6 to 1.
It’s been a volatile year for Democrats in New Jersey, where the party dominates state government and the congressional delegation.
Among the developments were the conviction on federal bribery charges of U.S. Sen. Bob Menendez, who has denied the charges, and the demise of the so-called county party line — a system in which local political leaders give their preferred candidates favorable position on the primary ballot.
Democratic Rep. Andy Kim, who’s running for Menendez’s seat, and other Democrats brought a federal lawsuit challenging the practice as part of his campaign to oust Menendez, who has resigned since his conviction.
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Sean “Diddy” Combs at same Brooklyn detention center that held R. Kelly, Sam Bankman-Fried, other high-profile inmates
A second judge refused to grant bail to Sean “Diddy” Combs on Wednesday and he could remain in federal custody at a Brooklyn detention center until his trial for sex trafficking charges. Combs joins other high-profile inmates, such as singer R. Kelly, fallen cryptocurrency mogul Sam Bankman-Fried, rapper Ja Rule —even Al Sharpton served a brief stint— who were held at the same federal detention center.
Notorious for its horrible conditions —inmates won a $10 million class action settlement after enduring frigid conditions during an 8-day blackout in 2019— the waterfront industrial complex, MDC Brooklyn, houses 1,200 inmates.
JOHANNES EISELE/AFP via Getty Images
Violence and corruption have long plagued the facility; U.S. District Judge Gary R. Brown of the Eastern District of New York wrote the detention center had “dangerous, barbaric conditions” in a recent sentencing opinion. Two inmates were stabbed to death in recent months and several correction officers have been convicted for smuggling contraband and accepting bribes.
Combs joins a list of high-profile personalities that have landed at the MDC Brooklyn, partly because the city’s other federal detention center, MDC New York, closed in 2021, also due to horrible conditions. The disgraced financier Jeffrey Epstein died by suicide in his cell there in 2019. “Numerous and serious” instances of misconduct among corrections staff gave Epstein the opportunity to kill himself, a subsequent federal watchdog investigation found.
Kelly sued the federal detention center in 2022 for wrongly putting him on suicide watch after his sentencing. Kelly sought $100 million because he said the detention center knew he wasn’t suicidal after he was convicted in 2021 for racketeering and violating the Mann Act, which bars transporting people across state lines for prostitution.
Yuki Iwamura/Bloomberg via Getty Images
Former crypto billionaire Bankman-Fried survived on bread, water and sometimes peanut butter when he was in the MDC Brooklyn, his attorney said, because the detention center continued to serve him a “flesh diet” despite requests for vegan dishes.
Ja Rule stayed at the MDC Brooklyn for a brief time before being released after serving most of his two-year sentence for illegal gun possession. Most of his prison time was spent in a state prison in New York.
Sharpton served a 90-day sentence in 2001 and went on a hunger strike for protesting the U.S. Navy bombing of the island of Vieques, in Puerto Rico.
Combs was taken into custody on Monday and according to an indictment unsealed Tuesday he was charged with sex trafficking, racketeering conspiracy and transportation to engage in prostitution.
His attorney Marc Agnifilo told CBS News, “It’s impossible to prepare for a trial from where he is,” after a first federal judge denied Combs bail on Tuesday.
U.S. Magistrate Judge Robyn Tarnofsky agreed with prosecutors who argued the hip-hop mogul, who is accused of using his business empire as a criminal enterprise to conceal his alleged abuse of women, is a flight risk and poses an ongoing threat to the safety of the community.
Agnifilo said the part of the detention center where Combs is being held is “a very difficult place to be.”
contributed to this report.
