MEMPHIS, Tenn. (AP) — A second former Memphis police officer accused in the fatal beating of Tyre Nichols last year is changing his not-guilty plea in the case that sparked outrage and calls for police reform.
Emmitt Martin is scheduled to appear before U.S. District Judge Mark Norris on Friday to change his plea as part of an agreement with prosecutors, court documents show.
Jury selection in his trial was scheduled for Sept. 9.
Another former Memphis officer, Desmond Mills Jr., pleaded guilty Nov. 2 to federal charges of excessive force and obstruction of justice and agreed to cooperate with prosecutors who recommended a 15-year prison sentence.
Martin, Mills and three other former officers were indicted in September on federal charges that they deprived Nichols of his rights through excessive force and failure to intervene, and obstructed justice through witness tampering. They also have been charged in state court with second-degree murder.
It was not immediately clear whether Martin also plans to plead guilty to state charges in Nichols’ death. Mills’ lawyer has said he will plead guilty in state court.
The three other fired officers — Tadarrius Bean, Demetrius Haley and Justin Smith — remain charged with federal civil rights violations, in addition to second-degree murder and other offenses in state court. They have pleaded not guilty to all the charges.
An attorney for Martin, William Massey, didn’t immediately return a phone message seeking comment.
Nichols died in a hospital on Jan. 10, 2023, three days after he was kicked, punched and hit with a police baton after a traffic stop. Police video released Jan. 27 showed five officers beating Nichols as he yelled for his mother about a block from his house. Video also showed the officers milling about and talking with each other as Nichols sat on the ground, struggling with his injuries.
Nichols was Black. The five officers also are Black. They were fired for violations of Memphis Police Department policies.
An autopsy report showed Nichols died from blows to the head, and that the manner of death was homicide. The report described brain injuries, cuts and bruises to the head and other parts of the body.
