By ADRIAN SAINZ
MEMPHIS, Tenn. (AP) — A judge on Thursday scheduled sentencings in December for five former Memphis police officers convicted of federal charges in the 2023 beating death of Tyre Nichols, after the sentencings were delayed when the previous judge in the case surprisingly recused himself.
During a hearing, U.S. District Judge Sheryl H. Lipman said the five officers would be sentenced the week of Dec. 15. However, she noted those dates could change or be canceled depending on how she rules on several sealed motions, including one for a new trial for three of the men.
Lipman said she could rule on the pending motions by mid-September.
U.S. District Judge Mark Norris issued a terse order on June 13 saying he was recusing himself, just days before he was supposed to sentence the officers. He offered no further explanation, and the reason for his recusal has not been made public. Lipman was added to the case the same day.
Norris later recused himself from a $550 million lawsuit filed by Nichols’ mother against the city of Memphis, the police chief and the officers. Lipman also took over that case.
Norris had overseen the case since federal indictments were issued in September 2023. He accepted guilty pleas from two of the officers and presided over the trial for the others in October.
A flurry of motions were filed under seal after the recusal, including a request by defense attorneys seeking a new trial. It was not clear if any of those filings asked for Norris to step away from the case. It is unusual for a judge to recuse themselves from a case between the trial and sentencing.
The city of Memphis and its police chief, and the Daily Memphian news outlet, have filed motions to unseal the documents.
On Jan. 7, 2023, the officers yanked Nichols from his car, then pepper-sprayed and hit the 29-year-old Black man with a Taser. Nichols fled, and when the five officers, who also are Black, caught up with him, they punched, kicked and hit him with a police baton. Nichols called out for his mother during the beating, which took place just steps from his home.
Nichols died Jan. 10, 2023.
Footage of the beating captured by a police pole camera also showed the officers milling about, talking and laughing as Nichols struggled with his injuries — video that prompted intense scrutiny of police in Memphis.
The beating also sparked nationwide protests and prompted renewed calls for police reform. The five officers — Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills Jr., and Justin Smith — were fired from the police force and indicted in state and federal court.
Bean, Haley and Smith were found guilty in federal court in October of obstruction of justice through witness tampering related to an attempt to cover up the beating.
The officers failed to say that they or their colleagues punched and kicked Nichols and broke Memphis Police Department rules when they did not include complete and accurate statements about what type of force they used.
Bean and Smith were acquitted of more serious civil rights charges by the federal jury. Haley was found guilty of violating Nichols’ civil rights by causing bodily injury and showing deliberate indifference to medical needs. He was also convicted of conspiracy to tamper with witnesses.
Bean, Haley and Smith were acquitted in May of all state charges, including second-degree murder.
Martin and Mills pleaded guilty in federal court last year to violating Nichols’ civil rights by causing death and conspiracy to witness tamper. They did not stand trial in federal court with their former colleagues. Martin and Mills also avoided the trial in state court after reaching agreements to plead guilty there. Both Martin and Mills testified in the federal trial, and Mills also took the stand in the state trial.
The officers were part of a special unit
The officers were part of a crime suppression team called the Scorpion Unit that was disbanded weeks after Nichols died. The team targeted illegal drugs and guns and violent offenders, and sometimes used force against unarmed people.
In December, the U.S. Justice Department said a 17-month investigation showed the Memphis Police Department uses excessive force and discriminates against Black people. The investigation also found that the police department conducts unlawful stops, searches, and arrests.
In May, the Trump administration announced it was retracting the findings of Justice Department civil rights investigations of police departments, including Memphis, that were issued under the Biden administration.
The city has created a task force to address police department reforms. The task force has not announced any recommendations.