MEMPHIS, Tenn. – A former Memphis police officer testified under a plea deal Wednesday that he helped cover up the fatal beating of Tyre Nichols because he wanted to protect his job, and was hoping Nichols would survive and the scrutiny of the officers would simply “blow over.”
Desmond Mills returned to the stand for a second day in the trial of three former colleagues, Tadarrius Bean, Demetrius Haley and Justin Smith, who are charged in the fatal beating. Mills and another former officer, Emmitt Martin, have testified for prosecutors after pleading guilty.
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In his testimony Wednesday, Mills said he was “going along with the cover-up ... hoping for the best” and hoping that Nichols would survive and “this whole thing would blow over.” Mills said he told his supervisor on the night of the beating that the Nichols arrest was handled “by the book.”
Nichols died in the hospital on Jan. 10, 2023, three days after the beating.
“I had a lot at stake. I needed this job for my family,” Mills said.
Mills noted during his November guilty plea hearing that he has three young children. On Wednesday, he said he was thinking about his wife and kids in the aftermath of the beating. His testimony came a day after he said through tears that he was sorry about the beating of Nichols, saying, "I made his child fatherless.” Nichols' son is now 7 years old.
The officers used pepper spray and a Taser on Nichols, who was Black, during a traffic stop, but the 29-year-old ran away, police video shows. The five officers, who also are Black, then punched, kicked and hit him about a block from his home, as he called out for his mother.
Mills said the officers had a “non-verbal, mutual agreement” to not disclose the punches and kicks delivered to Nichols in required written forms known as response to resistance reports. He said they also lied about Nichols driving into oncoming traffic and “aggressively resisting” officers “to make us look better.”
In his report, Mills did include his own actions: He pepper sprayed Nichols and hit him with a baton.
Mills said he and his fellow officers failed to intervene and to render aid, and he did not tell doctors who treated Nichols about the use of force officers had employed.
Under cross-examination by Bean’s lawyer, Mills acknowledged that he did not jump in to help Bean and Smith put handcuffs on Nichols or stop Martin from punching him.
Mills and Martin have acknowledged lying to internal police investigators about their actions and Nichols’ behavior.
John Keith Perry, Bean's attorney, followed a line of questioning used by defense attorneys when they questioned Martin, asking whether Department of Justice prosecutors helped them with their testimony during pre-trial meetings.
Perry asked Mills if he believed that prosecutors would seek a reduced sentence if he “did what the government told you to do.”
“Yes,” Mills said.
An autopsy report shows Nichols died from blows to the head. The report describes brain injuries, and cuts and bruises on his head and elsewhere on his body.
Haley, Bean and Smith pleaded not guilty to federal charges of excessive force, failure to intervene, and obstructing justice through witness tampering. They face up to life in prison if convicted.
The five officers also have been charged with second-degree murder in state court, where they pleaded not guilty. Mills and Martin are expected to change their pleas. A trial date in state court has not been set.
Haley's lawyer, Michael Stengel, showed Mills his agreements with state and federal prosecutors. Mills acknowledged that his deal in state court calls for him to serve the same amount of time as he would receive in his federal sentence. His state prison term would run at the same time as his federal sentence, Mills acknowledged.
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Associated Press reporter Jonathan Mattise contributed from Nashville, Tennessee.