Demetrius Haley’s ex-girlfriend testified Wednesday he sent her a photo of Tyre Nichols after the Jan. 7, 2023, beatings.

“I said, ‘Oh my god, he needs to go to The Med,’” Brittany Leake, a police officer with the Memphis Police Department, said she texted back on the group message.

Prosecutors entered two pieces of evidence: the photo of Nichols and a text-message exchange.

Emmitt Martin details two ‘misses’ before Tyre Nichols beating

Leake said she deleted the photo “because I didn’t want to see it in the group chat.”

During testimony Wednesday, Emmitt Martin III said two “misses” earlier in the day, including an unsuccessful arrest based on a tip about a group of people possessing gun switches, added to his anger the night of Tyre Nichols’ beating on Jan. 7, 2023.

Although the group turned out not to possess switches, Martin said his daughter lived in the same apartment complex, and he was angry about the possibility of gun switches being near her. 

Additionally, Martin attempted an aggravated assault warrant arrest but the suspect wasn’t there.

Emmitt Martin III testifies he was warned about level of aggression

After pleading guilty to his federal charges, Martin testified that he told the FBI he was under pressure to stay on the SCORPION Unit’s 1 team, which he said was the unit’s top-tier team.

Emmitt Martin III and other SCORPION Unit officers had previously been warned about their “level of aggression” before Tyre Nichols’ death. 

After lunch Tuesday, prosecutor Kathryn E. Gilbert presented body-worn camera footage from a previous arrest in which another officer and Demetrius Haley brought the arrestee out of the apartment and Haley punched him while handcuffed. 

Martin testified that a lieutenant reviewed the footage with him to tell him to “turn your level of aggression off when it’s time to.”

“Because if you don’t, you’re going to cross a boundary which can lead to excessive use of force,” Martin said. 

Emmitt Martin III, one of the former Memphis Police Department officers who pleaded guilty to charges in Tyre Nichols’ death, continued his testimony Tuesday after testifying the day before he was “seeing red” the day the 29-year-old was beaten. 

During his Tuesday testimony in the trial against his three former colleagues, Martin said he kicked Nichols four times and punched him five times in the face. He admitted his and other officers’ behavior was “not consistent” with MPD policy because Nichols was “helpless” and “not a threat.” He gave his testimony as prosecutor Kathryn E. Gilbert played video footage from body-worn cameras and a SkyCop camera.

Martin also said he and other officers intentionally hid facts about what happened.

Judge in MPD officers’ trial rules on evidence, trainer takes stand again

“I did not want to show what we were doing,” Martin said of him removing his body-worn camera. Martin also instructed fellow officer Desmond Mills Jr., who has also pleaded guilty, to turn off his body-worn camera, something he said was common practice since he joined the team. 

Emmitt Martin III took the stand at the tail end of the first day of week two in the federal trial for the former MPD officers charged in the death of Tyre Nichols. 

Martin, under questioning from prosecutor Kathryn Gilbert, offered a strong rebuke of his own actions and that of his codefendants the night of Nichols’ beating.

Martin is one of the five former Memphis police department officers charged in Nichols’ death. He accepted a plea deal shortly before trial began. Prosecutors are recommending 40 years in prison.

Judge in MPD officers’ trial rules on evidence, trainer takes stand again

Martin testified that his actions and the actions of the others were not in line with MPD policy.

As the federal trial resumed Monday, Tadarrius Bean’s defense team continued questioning Larnce Wright, the Memphis Police officer who trained the five former cops charged in Tyre Nichols’ death.

After more than three hours of questioning Friday, U.S. District Judge Mark Norris warned that he would consider time constraints if attorney Kevin Whitmore continued much longer.

Judge in MPD officers’ trial rules on evidence, trainer takes stand again

Whitmore defended his lengthy discussion with Wright, saying that it would be the only time Bean has to hear from him.

“Once we sit down, it’s over,” Wright said.

After the court returned from lunch around 1 p.m., Judge Mark Norris ruled the response-to-resistance reports could be admitted as evidence.

Norris said the defendants had waived their right to raise the issue now and it ultimately would have been better dealt with before trial.

After Norris ruled, the jury was brought in for the first time in the day, and examination continued for Larnce Wright, the Memphis police officer who trained those charged in Tyre Nichols’ death.

Former MPD officer takes the stand in his own trial

More videos of Nichols’ beating were played by the prosecution and Wright was questioned how the response to resistance forms filed by the officers matched with their actions that night.

Former Memphis Police officer Demetrius Haley took the stand Friday morning in the federal trial against him and his two co-defendants.

Haley’s testimony came amid a tense argument over whether prosecutors should be able to admit as evidence forms that the former officers filled out after Tyre Nichols’ beating. 

Trial testimony continues: Officer testifies she received photo of Nichols

Defense counsel for Haley, as well as for Tadarrius Bean and Justin Smith, argued that the response-to-resistance forms are protected by Garrity Rights, meaning they could not be used against their clients in the criminal prosecution. 

Garrity Rights usually refer to statements officers or other public employees are compelled to make under threat of discipline or termination. Garrity statements are not allowed to be used in criminal prosecution against those who make them. 

A Memphis Police lieutenant who trained the five former officers charged in Tyre Nichols’ death was the first to take the stand Thursday as the federal trial against three of them continued.

Larnce Wright spoke about the training the officers received while they were recruits at the academy, including what kind of force to use against detainees and when.

Trial’s first witness is ICU nurse who admitted Tyre Nichols

He also said he gave recruits a warning:

“I taught them if they don’t follow the policies, they could go to federal prison,” he said.

A nurse practitioner who treated Tyre Nichols at St. Francis Hospital described the moment the victim’s mother arrived at the hospital and saw her son for the first time.

“She took a few steps and screamed and collapsed,” said Rachael Love, a nurse practitioner who works in the hospital’s intensive-care unit.

Love was the first witness to testify after opening statements in the federal trial for the three defendants charged in connection to Nichols’ death.

Officers pummeled Tyre Nichols because he fled, a form of ‘run tax,’ prosecutor says

Love recalled admitting Nichols, saying he looked like “he had been in a bar fight” initially and had a “large goose egg” on his forehead. Other injuries included a broken tooth and lacerations.

Three former Memphis police officers charged in the January 2023 beating death of Tyre Nichols stood by his body and laughed after they punched, kicked and struck him with a baton in an attack that a prosecutor says was punishment because he tried to run away.

The former officers are standing trial accused of federal civil rights violations. Assistant U.S. Attorney Elizabeth Rogers said during opening statements Wednesday, Sept. 11, that the officers were punishing Nichols for fleeing a traffic stop and she used the term “run tax” — police slang for disciplining a subject who tries to escape. She said the force they used did not match Nichols’ actions, and she warned jurors they would see videos of the beating. Footage of the attack was publicly released just weeks after his death.

Opening statements in trial of former Memphis officers to begin Wednesday

Rogers also said officers were just standing around in the “crucial” minutes when Nichols’ heart stopped, when they could have helped him.

“You won’t see Tyre Nichols pose a threat to these officers at any time,” Rogers said.

Opening statements are expected to begin Wednesday, Sept. 11, in the trial for the three former Memphis Police Department officers charged in the death of Tyre Nichols.

The prosecution and the defense approved of the jury after a two-day jury selection process Tuesday, Sept. 10. 

The jury is made up of four Black women, two Black men, two Asian men, four white women and four white men.

Jury selection continues Tuesday with discussions of bias

The jury took their oath around 5 p.m. after U.S. District Judge Mark Norris asked one last time if they would make an impartial decision as a jury. 

Jury selection continued Tuesday morning as U.S. District Judge Mark Norris questioned potential jurors for about three hours.

Much of that time was spent in inaudible sidebar conversations between Norris and the defense attorneys, prosecutors and potential jurors.

Eleven people were dismissed from the jury pool Tuesday: four Black men, four white men, two white women and one Black woman. They joined the seven who were dismissed Monday, the trial’s first day.

Seven dismissed from jury pool after first day of trial in Tyre Nichols case

Norris used the same two primary questions for potential jurors Tuesday as he did Monday, asking their opinions of a jurors’ characteristics and for an example of bias or prejudice.

Seven potential jurors were ultimately dismissed from the jury pool Monday afternoon, Sept. 9, after a long afternoon of questioning by U.S. District Judge Mark Norris. 

Tyre Nichols’ family was not present for the latter half of the proceedings Monday. 

Jurors were dismissed for a number of reasons, including previous knowledge about the case and knowing one of the former Memphis Police Department officers charged. 

Jury selection begins in federal trial of former cops accused in Nichols’ death

Norris also unveiled a list of 42 potential witnesses who could testify during the trial. A slew of former MPD officers, including those who responded to the scene the night Nichols was beaten and the two former officers who have already pleaded guilty in the case, are on the list.

Jury selection got underway Monday, Sept. 9, in the federal trial of the three former Memphis Police Department officers charged in the 2023 death of Tyre Nichols. 

In his opening remarks, U.S. District Judge Mark Norris, who is presiding over the case, highlighted the weightiness of the proceedings to come. 

He quoted Thomas Jefferson and John Adams, saying jury trials are a foundation of the American government and “the heart and lungs of liberty.”

Who’s who in trial of former MPD officers charged in Tyre Nichols’ death

The left side of the courtroom was filled with jurors, and Nichols’ family sat on the right side. 

Here’s who’s who in the federal trial for the former Memphis Police Department officers accused in the January 2023 beating death of Tyre Nichols. The trial starts Monday, Sept. 9.

Tadarrius Bean

Bean, 25, is one of three remaining officers set to go to trial for his alleged roles in Tyre Nichols’ death. Along with the other officers, he is accused of beating Nichols, failing to render medical aid and engaging in a cover-up of the beating. Bean was one of two officers who rode with Nichols in an ambulance to the hospital, and he is accused of giving misleading information to medical personnel. Bean had worked for MPD since 2020 prior to being fired Jan. 20, 2023.

Demetrius Haley

Haley, 31, is the second of three remaining officers who are set to go to trial. Along with beating Nichols and failing to render medical aid to him, Haley is also accused of kicking Nichols in the head and only activating his body-worn camera after the beating. Haley also had worked for the department since 2020 before he was fired along with his other codefendants in January 2023.

The federal trial for the former Memphis Police Department officers accused in the January 2023 beating death of Tyre Nichols starts Monday, Sept. 9. Here’s a primer.

Who are the three former officers on trial?

Tadarrius Bean, 25 at the start of trial, started with MPD in August 2020. He is represented by Southaven attorney John Keith Perry. 

Demetrius Haley, 31, also started with the department in August 2020. He is represented by Memphis attorney Mike Stengel.