Federal judge recuses himself days before sentencing Memphis officers accused in Tyre Nichols' death

Yahoo

16 hours ago

MEMPHIS, Tenn. (AP) — The federal judge presiding over the case against five former Memphis officers convicted in the fatal beating of Tyre Nichols recused himself Friday, just days before he was supposed to hand down sentences for the men.
U.S. District Judge Mark S. Norris issued a one-sentence order saying he was recusing himself 'and respectfully returns the matter to the Clerk for reassignment to another United States District Judge for all further proceedings.'
He offered no further explanation. Norris' clerk and the U.S. Attorney's Office did not immediately respond to requests for comment.
Four of the five officers had been scheduled to be sentenced next week, the fifth on June 23. It was not immediately clear how Norris' decision would affect the case. Another judge will be assigned to sentence the former officers.
Several motions had been filed under seal in recent days. It was not clear if any of those asked for Norris to step away from the case. It is unusual for a judge to recuse themself from a case between a trial and sentencing.
Nichols, a 29-year-old Black man, fled a traffic stop after he was yanked out of his car, pepper-sprayed and hit with a Taser. The five officers, who are also Black, caught up with him and punched, kicked and hit him with a police baton, struggling to handcuff Nichols as he called out for his mother just steps from his home. Nichols died Jan. 10, 2023, three days after the beating.
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.
Three former Memphis police officers convicted of federal charges in the fatal beating of Tyre Nichols are scheduled to be sentenced this week.
Tadarrius Bean and Justin Smith are set to be sentenced Monday by U.S. District Judge Mark Norris in Memphis federal court. Demetrius Haley's sentencing is set for Tuesday.
Sentencing for two other officers involved in the beating, Emmitt Martin and Desmond Mills Jr., are set for next week.
Bean, Haley and Smith were found guilty in federal court in Octobe r of obstruction of justice through witness tampering related to the coverup of the fatal beating, which sparked nationwide protests and prompted renewed calls for police reforms in the U.S.
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 was used in required forms submitted after the January 2023 fatal beating.
Like Bean, Smith was 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 witness tamper.
The three officers were acquitted in May of all state charges, including second-degree murder. The jury for the state trial was chosen in majority-white Hamilton County, which includes Chattanooga, after Judge James Jones Jr. ordered the case be heard from people outside of Shelby County, which includes majority-Black Memphis. Defense lawyers for the officers had argued that intense publicity made seating a fair jury difficult.
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.
Nichols, a 29-year-old Black man, fled a traffic stop after he was yanked out of his car, pepper-sprayed and hit with a Taser. The five officers, who are also Black, caught up with him and punched, kicked and hit him with a police baton, struggling to handcuff Nichols as he called out for his mother just steps from his home. Nichols died Jan. 10, 2023, three days after the beating.
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 officers were fired after Nichols' death. They were part of a crime suppression team called the Scorpion Unit that was disbanded weeks after the beating. The team targeted illegal drugs and guns and violent offenders to amass arrests, while sometimes using 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 Memphis police conducts unlawful stops, searches, and arrests.
The city said the day of the DOJ's announcement that it would not agree to negotiate federal oversight of its police department under a formal consent decree until it could review and challenge results of the investigation.
However, in May, the Trump administration announced it was retracting the findings of Justice Department investigations into police departments, including Memphis', that the Biden administration had accused of civil rights violations.
The city has hired a former federal judge and created a task force to address police department reforms. The task force has not announced any recommendations.
The five officers, the city of Memphis and the police chief are being sued by Nichols' family for $550 million. A trial has been scheduled for next year.