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A former Tennessee police officer charged in the fatal beating of Memphis motorist Tyre Nichols intends to change his not guilty plea in federal court on Friday, according to court filings.
Emmitt Martin is one of five former officers charged in Nichols' death on Jan. 7, 2023, after he was pulled from his car and brutally beaten, then left without medical help for more than 20 minutes.
The five were indicted in September on federal charges that they deprived the 29-year-old FedEx worker and father of his rights through excessive force and failure to intervene and obstructed justice through witness tampering.
Desmond Mills Jr. pleaded guilty to the federal charges on Nov. 2 and agreed to cooperate with prosecutors who recommended a 15-year prison sentence. Tadarrius Bean, Demetrius Haley and Justin Smith have pleaded not guilty to the charges.
All five also were charged in state court with second-degree murder. The state trial has been postponed until the federal proceedings are complete.
Martin was the second officer to have contact with Nichols and he assisted Haley in forcing Nichols from his vehicle after a traffic stop, according to documents filed in the case to permanently ban Martin from working as a law enforcement officer in the state.
Nichols ran from Martin and his two partners after they threated and pepper-sprayed him, but he was re-apprehended within minutes about a block away from the home he shared with his mother and step-father. At the second location, Martin kicked Nichols while he was on the ground and punched him in the face while two other officers held Nichols’ arms, according to the documents.
Police video showed Nichols calling for his mother as the officers beat him.
Video also showed the officers milling about and talking with each other after the beating as Nichols struggled with his injuries.
Nichols died in a hospital three days later. An autopsy determined he died from blows to the head and listed his death as a homicide.
Memphis’ police chief has said the department could not substantiate any reason for the initial traffic stop.
Nichols was Black. The five officers, who also are Black, were fired for violations of Memphis Police Department policies.
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, according to a court document filed Thursday.
Jury selection in his trial was scheduled for Sept. 9.
