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.
Read More: Former Memphis police officer accused in Tyre Nichols case testifies he lied about force
