Emmitt Martin, one of the ex-officers of the Memphis Police Department linked to the Tyre Nichols homicide case, has once again been detained as his bond was rescinded during Friday’s federal court proceedings. This decision follows allegations that Martin had been engaging in threatening behavior, leading to a warrant for his arrest being issued, after which he willingly turned himself in. Consequently, the lawyers connected with the pre-trial services pushed forward a request for Martin’s bond to be canceled and to remand him in custody until his sentencing. The sentencing phase is scheduled for the week commencing June 16, which is expected to conclude the state-level trial for the five accused officers.
During Friday’s court session, the judge agreed with the plea to cancel Martin’s bond. The judge reasoned that Martin’s behavior was a cause for concern, tantamount to harassment, which could easily be viewed as menacing by an average observer. Although the state’s attorney recommended that Martin be allowed to roam free on bond, the judge firmly underlined that everyone was subject to the same laws. Given Martin had previously been found guilty of a violent offense, the law was clear about the terms of his release, stating he must refrain from committing any crimes, and harassment was considered a violation of this law.
The judge further highlighted that as Martin had already entered a guilty plea, the entitlement to a presumption of innocence was no longer applicable to him. This development came on the tail-end of a hearing concerning state charges convened earlier on the same day, in which the legal representatives of three of the officers implicated in Nichols’ death formally submitted a request to have the state murder charges against their clients dismissed.
Mark your calendars for March 28, the date when the pleas made by the legal counsels of Tadarrius Bean, Demetrius Haley, and Justin Smith will be entertained by the judge. Alongside them, two other officers, Martin and Desmond Mills, have been dragged into the turmoil, with both facing federal and state allegations as a result of a traffic incident involving Nichols that unfolded on January 7, 2023.
A trial at the state level over charges connected to Nichols’ death has been pinned in for April 28, in which three former MPD officers are set to take the stand. Coming under scrutiny are Bean, Haley, and Smith who have been indicted on state court charges of second-degree murder, aggravated battery, kidnapping whilst indulging in severe force, official misconduct, and oppression.
In contrast, the pair of former officers, Martin and Mills have already capitulated and entered a guilty plea against the federal charges. They bore witness at the federal hearings and are anticipated to replicate their testimonies for the state-level trial. In an eventful turn in August 2024, Martin III confessed to federal allegations of employing excessive force, abetting in the illicit assault by refusing to intervene, and partaking in a plot to obfuscate his illegal use of force.
The prosecutors have endorsed a 40-year imprisonment for Martin, as retribution for his contribution to the lethal incident involving Nichols. A change in Martin’s plea vis-a-vis the state charges is expected as per Steve Mulroy, the District Attorney General for Shelby County, a prediction that was subtly hinted at by Martin’s lawyer during Friday’s hearing.
In similar fashion, Mills acknowledged his guilt in November 2023 for the federal accusations of using disproportionate force and obstruction of justice. It was previously conveyed by Mulroy, that Mills had struck a deal with the state to admit guilt on charges of second-degree murder, aggravated kidnapping, and breaches of official conduct.
In terms of retributive justice, the recommended sentence for Mills spans 15 years, which would cover charges from both state and federal courts. Nichols experienced a brutal beating on January 7, 2023, following a traffic stop, a scene that was vividly captured on video, and tragically succumbed to his injuries three days later.
An autopsy report released in May of the same year conclusively pointed towards homicide, attributing Nichols’ untimely demise to severe head trauma. Following the federal hearings, Bean and Smith were pronounced guilty of obstruction of justice but were acquitted of the remaining charges that were part of a four-count indictment.
However, officer Haley wasn’t as fortunate and was convicted on multiple counts including obstruction of justice, conspiracy to commit obstruction, civil rights violations, and showing a flagrant disregard resulting in severe bodily injury. As preparations for the state trial continue, the defense team expects the proceedings to extend to three weeks, although this duration may be shortened.