Memphis police officer charged in Tyre Nichols death to change plea in federal criminal case
One of the now-former Memphis police officers indicted both at the federal and state levels in connection to the beating and death of Tyre Nichols in early January will change his plea in federal court after entering a not-guilty plea in September, according to a new court filing.
Desmond Mills Jr., along with the other four officers, was charged with excessive force, deliberate indifference, conspiracy to witness tamper and obstruction of justice when the indictment was unsealed on Sept. 12. He will be the first of the criminally charged officers to change their plea after Thursday's hearing wraps up.
The former officers, if convicted, could face life in prison. The case, according to U.S. Attorney David Pritchard ― part of the Department of Justice team prosecuting it ― was death penalty eligible, but they opted not to seek it.
There is no parole in the federal system.
The latest: Ex-Memphis police officer enters a plea deal in state and federal Tyre Nichols cases
Blake Ballin, Mills' attorney in both the federal and state cases, said Wednesday he could not comment on the change in plea, aside from confirming that Mills is scheduled to enter that new plea Thursday.
The terms of the plea agreement have not been released publicly, and a hearing for the change in plea is scheduled for Thursday at 10 a.m. in front of Judge Mark Norris.
Mills also facing civil suit, state criminal case
Norris is also the judge presiding over the federal civil case that was filed by notable civil rights attorney Ben Crump on behalf of Nichols' family. All five of the criminally charged former officers are named as defendants in that case, alongside the City of Memphis, Memphis Police Chief Cerelyn "C.J." Davis, two former officers who were not criminally charged and three Memphis Fire Department personnel.
The five criminally charged officers — Mills, Tadarrius Bean, Demetrius Haley, Emmitt Martin and Justin Smith — had their aspects of the civil case placed on hold until their criminal cases had reached a disposition. Although Mills' federal case will likely reach an end on Thursday, his state case is ongoing and his future in the civil case remains unclear.
The federal criminal trial for the five former officers was set for May 2024. The federal civil case is slated to begin trial arguments in January 2025 if an settlement is not reached before then, or if the case were not to be dismissed. The city and Davis currently have a motion to dismiss pending in that case.
The federal criminal case, though calm when inside the courtroom, has had testy moments via court filings. In recent days, the DOJ and defense attorneys for some of the former officers have sparred over access to Nichols' cell phone records and statements made by one attorney in a filing that the DOJ has categorized as "an inappropriate smear of character."
The DOJ, in response to that filing, has requested that statements like that not be allowed in publicly available court documents and that they be sealed, arguing that statements like that would not be admissible in court and could taint the jury pool.
What happened to Tyre Nichols?
Nichols was pulled over by officers with the Memphis Police Department in the evening hours of early January. He was pulled from his car, and taken to the ground as officers yelled multiple conflicting commands at him and sprayed him with pepper spray.
Eventually, Nichols jumped up from the scrum and ran away from the scene towards his mother's house. About 100 yards from the home, he was caught by additional officers who tackled him.
More: MPD Chief Davis' past with Atlanta PD will remain in Tyre Nichols civil suit, judge rules
Over the next couple minutes, officers punched, kicked, pepper sprayed and hit Nichols with a baton. Some of the strikes were delivered as officers held him up by his arms.
Surveillance footage from a pole camera released by the City of Memphis three weeks after the beating showed Nichols leaning up against an unmarked police cruiser until medical personnel arrived. He was taken to St. Francis Hospital in critical condition and died three days later.
The cause of his death was listed in his autopsy report as blunt force trauma to the head.
Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at Lucas.Finton@commercialappeal.com and followed on Twitter @LucasFinton.
This article originally appeared on Memphis Commercial Appeal: Tyre Nichols case: Ex-Memphis police officer Desmond Mills to take deal
