In the testimony, the ex-officer expressed that Tyre Nichols posed no danger when he was forcibly removed from his vehicle during the stop.
Emmitt Martin the Third appeared in court during the federal trial of his former colleagues Tadarrius Bean, Demetrius Haley, and Justin Smith. These officers have pleaded not guilty to accusations of violating Nichols' civil rights through excessive force and neglecting to intervene, as well as obstructing justice through witness tampering.
Martin, along with Desmond Mills Jr., were previously terminated from service following Nichols' tragic death in January 2023. The brutal incident, captured on police footage, was later made public. The officers were subsequently indicted by a federal grand jury. Martin and Mills have chosen to accept plea deals and testify against their former colleagues.
In court for the first time, jurors heard directly from an officer who had been involved in the beating of Nichols. Martin shared that the Scorpion Unit, a Memphis police squad responsible for locating drugs, illegal firearms, and violent criminals, would exaggerate a person's actions towards them to justify the force used. The Scorpion Unit was disbanded shortly after Nichols' death.
Martin recalled encountering Nichols, who had sped through a red light and switched lanes without signaling, prompting him to follow Nichols' vehicle with his police lights activated. Eventually, Haley pulled over Nichols' Nissan and apprehended him without providing an explanation for the stop.
Martin himself had a weapon drawn, joining Haley in the attempt to subdue Nichols while delivering conflicting orders, such as ordering Nichols to surrender his hands, turn onto his stomach, and place his hands behind his back.
Despite Nichols' passive resistance to being handcuffed without being informed of the reason for his arrest, he was unaggressive, according to Martin.
Martin stated, "He wasn't a threat."
The video footage revealed that Nichols, a Black man, was pepper-sprayed and subjected to a taser during the traffic stop, yet managed to flee. The five officers, who were also Black, pursued and assaulted Nichols by punching, kicking, and beating him with a police baton, mere steps away from his home while he cried out for his mother.
Previous Officer: Memphis Officers are Not Trained to Strike or Kick Handcuffed Individuals
The disturbing footage shows the officers idly chatting and milling about as Nichols fought against his injuries. Nichols tragically passed away three days following the beating on January 10, 2023.
During her opening statement, prosecutor Elizabeth Rogers informed the jurors that the attack was retribution for Nichols' attempt to escape – a common practice referred to in police slang as a "run tax."
Martin admitted that if someone attempts to escape his team, "you get beaten up." Further, he claimed that the officers justified using force against individuals by exaggerating their conduct throughout the arrest, as they were accused of lying on documentation describing the force employed against an individual.
Martin acknowledged the fact that Memphis officers are neither trained nor authorized to strike or kick individuals to handcuff them. Officers are responsible for intervening if other officers employ excessive or arbitrary force, which may potentially result in their termination and legal charges.
In the previous day's trial proceedings, the defense counsel had attempted to criticize the officers' training and policies by questioning Lt. Larnce Wright, who had trained all five officers and testified about handcuffing techniques and use of force.
Wright discussed the difference between active and passive resistance, describing passive resistance as a person's refusal to give up their hands to be handcuffed by pulling away, whereas active resistance involves assaulting officers with punches and kicks.
Martin Zummach, Smith's lawyer, questioned Wright regarding the explicit definition of active or passive resistance included in the police department's extensive training manual. Wright conceded that such definitions are not readily available in the manual.
Furthermore, Wright confirmed that handcuffs could potentially be utilized as lethal weapons. Officers had struggled to handcuff Nichols, and Zummach pointed out that Smith had successfully applied one handcuff to Nichols but was struggling to secure another.
When Zummach posed a question to Wright about whether a pulled handcuffed hand could be considered a deadly weapon, and if lethal force could be deployed, Wright answered affirmatively.
"Until a suspect is handcuffed, no one is safe. Do you agree?" Zummach inquired. Wright concurred, "Yes."
Kevin Whitmore, Bean's lawyer, asked Wright if officers are trained to persist with applying force until a suspect has been apprehended and detained. Wright acknowledged this to be the case.
"It's a dirty job," Wright stated.
Wright testified earlier in the trial, asserting that the officers should have utilized armbars, wrist locks, and other non-violent restraint techniques to subdue Nichols.
A forensic report revealed that Nichols, the father of a 7-year-old boy, had died from head injuries, along with brain trauma, cuts, and bruises on various parts of his body.
The five officers have also been charged with second-degree murder in a state court, where they have entered not guilty pleas. A trial date in the state court has yet to be set. Mills and Martin are expected to reconsider their pleas.
In court, Martin shared that during the Scorpion Unit's operations, they often exaggerated a person's actions to justify the force used, implying that this could potentially involve the 'us' (officers) as well. After Nichols' death, Martin and Mills decided to cooperate with the authorities and testify against their former colleagues.
