Federal judge recuses himself days before sentencing Memphis officers accused in Tyre Nichols' death
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 returning "the matter to the Clerk for reassignment to another United States District Judge for all further proceedings.'
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.
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 the trial and sentencing.
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 are also 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, three days later.
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 witness tamper.
Bean and Smith were scheduled to be sentenced on Monday. Haley's sentencing was scheduled for Tuesday, and Martin was scheduled to be sentenced on Wednesday. Mills' sentencing was set for June 23.
Martin Zummach, Smith's lawyer, referred questions on Norris' recusal to the district court and the U.S. Attorney's Office on Friday.
Bean, Haley and Smith 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 the majority-Black Memphis. The officers' lawyers 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.
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 Memphis 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 hired a former federal judge and created a task force to address police department reforms. The task force has not announced any recommendations.
Nichols' family is suing the five officers, the city of Memphis and the police chief for $550 million. A trial has been scheduled in that case next year. Norris is the judge presiding over that case too. Court records in the lawsuit did not show any order of recusal Friday.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
San Francisco Chronicle
4 hours ago
- San Francisco Chronicle
Mexico overcomes slow start to defeat Dominican Republic 3-2 in Gold Cup group stage
INGLEWOOD, Calif. (AP) — Defending champion Mexico overcame a slow start to defeat the Dominican Republic 3-2 on Saturday night in a CONCACAF Gold Cup group stage match. West Ham midfielder Edson Álvarez opened the scoring in the 44th minute, Fulham striker Raúl Jiménez added a goal in the 47th and defender César Montes got another one in the 53rd. Jiménez now has 40 goals with the Mexican national team and is six away from Jared Borgetti, in second place on the career scoring list for El Tri. Javier Hernández is Mexico's top scorer with 52. 'It was a good win to start with. I congratulate my team, who maintained their emotional balance. It was a hard-fought, but fair victory," said Mexico coach Javier Aguirre. 'Our rival did a lot of merit, they demanded us, they did a good job.' Mexico leads Group A with three points while the Dominican Republic is at the bottom. Costa Rica and Suriname, the other countries in the group, will face off on Sunday in Snapdragon stadium in San Diego. 'We were patient, we scored three goals and it was an attractive match for the fans, although there are things that need to be corrected,' Aguirre added. Peter González in the 51st minute and Edison Ascona in the 67th scored for the Dominicans, who earned their first qualification as one of the four group winners in League B of the CONCACAF Nations League. The match was played at SoFi stadium before 54,309 fans, most of them rooting for Mexico. There was uncertainty on how many Mexican fans would attend the match. On Friday, Mexico's President Claudia Sheinbaum urged U.S. officials not to target individuals attending the game. Dozens of workers have been detained by federal immigration authorities in a series of raids in LA's fashion district and at Home Depot parking lots in Southern California. More than 100 people have been detained. Mexico will try to qualify for the next round next Wednesday when they play Suriname while the Dominican Republic will play Costa Rica. Both matches will be played at the AT&T stadium in Arlington, Texas.
4 hours ago
Authorities still searching for suspect in shooting of 2 Minnesota state lawmakers
BROOKLYN PARK, Minn. -- A massive search was stretching into its second day for a man who authorities say posed as a police officer and fatally shot a Democratic state lawmaker in her suburban Minneapolis home, an act Gov. Tim Walz called 'a politically motivated assassination.' Authorities said the suspect also shot and wounded a second lawmaker and was trying to flee the area. Former House Speaker Melissa Hortman and her husband, Mark, were killed in their Brooklyn Park home early Saturday. Sen. John Hoffman, also a Democrat, and his wife, Yvette, were injured at their Champlin address, about 9 miles (about 15 kilometers) away. Authorities identified the suspect as 57-year-old Vance Boelter, and the FBI issued a reward of up to $50,000 for information leading to his arrest and conviction. They shared a photo taken Saturday of Boelter wearing a tan cowboy hat and asked the public to report sightings. Hundreds of law enforcement officers fanned out in the search for the suspect. Authorities had not given any details on a possible motive as of Saturday night. Boelter is a former political appointee who served on the same state workforce development board as Hoffman, records show, though it was not clear if or how well they knew each other. The attacks prompted warnings to other state elected officials and the cancellation of planned 'No Kings' demonstrations against President Donald Trump, though some went ahead anyway. Authorities said the suspect had 'No Kings' flyers in his car and writings mentioning the names of the victims as well as other lawmakers and officials, though they could not say if he had any other specific targets. A Minnesota official told AP the suspect's writings also contained information targeting prominent lawmakers who have been outspoken in favor of abortion rights. The official spoke on the condition of anonymity because the investigation was ongoing. Law enforcement agents recovered several AK-style firearms from the suspect's vehicle, and he was believed to still be armed with a pistol, a person familiar with the matter told AP. The person could not publicly discuss details of the investigation and spoke on condition of anonymity. The shootings happened at a time when political leaders nationwide have been attacked, harassed and intimidated amid deep political divisions. 'We must all, in Minnesota and across the country, stand against all forms of political violence,' said Walz, a Democrat. He also ordered flags to fly at half-staff in Hortman's honor. 'Such horrific violence will not be tolerated in the United States of America. God Bless the great people of Minnesota, a truly great place!' President Donald Trump said in a statement. Police responded to reports of gunfire at the Hoffmans' home shortly after 2 a.m., Champlin police said, and found the couple with multiple gunshot wounds. After seeing who the victims were, police sent officers to proactively check on Hortman's home. There they encountered what appeared to be a police vehicle and a man dressed as an officer at the door, leaving the house. 'When officers confronted him, the individual immediately fired upon the officers who exchanged gunfire, and the suspect retreated back into the home' and escaped on foot, Brooklyn Park Police Chief Mark Bruley said. Multiple bullet holes could be seen in the front door of Hoffman's home. John and Yvette Hoffman each underwent surgery, according to Walz. Hortman, 55, had been the top Democratic leader in the state House since 2017. She led Democrats in a three-week walkout at the beginning of this year's session in a power struggle with Republicans. Under a power sharing agreement, she turned the gavel over to Republican Rep. Lisa Demuth and assumed the title speaker emerita. Hortman used her position as speaker in 2023 to champion expanded protections for abortion rights, including legislation to solidify Minnesota's status as a refuge for patients from restrictive states who travel to the state to seek abortions — and to protect providers who serve them. Walz called her a 'formidable public servant, a fixture and a giant in Minnesota." Hortman and her husband had two adult children. The initial autopsy reports from the Hennepin County Medical Examiner's Office gave their cause of death as 'multiple gunshot wounds.' The reports said Melissa Hortman died at the scene while her husband was pronounced dead at the hospital. Hoffman, 60, was first elected in 2012 and was chair of the Senate Human Services Committee, which oversees one of the biggest parts of the state budget. He and his wife have one daughter. Boelter was appointed to the workforce development board in 2016 and then reappointed in 2019 to a four-year term that expired in 2023, state records show. Corporate records show Boelter's wife filed to create a company called Praetorian Guard Security Services LLC with the same Green Isle mailing address listed for the couple. Boelter's wife is listed as president and CEO and he is listed as director of security patrols on the company's website. The website says the company provides armed security for property and events and features a photo of an SUV painted in a two-tone black and silver pattern similar to a police vehicle. Another photo shows a man in black tactical gear with a military-style helmet and a ballistic vest. An online resume says Boelter is a security contractor who has worked in the Middle East and Africa, in addition to past managerial roles at companies in Minnesota. Around 6 a.m., Boelter texted friends to say he had 'made some choices,' the Minnesota Star Tribune reported. In the messages, read to reporters by David Carlson, Boelter did not specify what he had done but said: 'I'm going to be gone for a while. May be dead shortly, so I just want to let you know I love you guys both and I wish it hadn't gone this way. … I'm sorry for all the trouble this has caused.' Minnesota House Speaker Lisa Demuth, a Republican from Cold Spring, called the attack 'evil' and said she was 'heartbroken beyond words' by the killings. The shootings are the latest in a series of attacks against lawmakers across parties. In April a suspect set fire to the home of Democratic Pennsylvania Gov. Josh Shapiro, forcing him and his family to flee during the Jewish holiday of Passover. The suspect said he planned to beat Shapiro with a small sledgehammer if he found him, according to court documents. In July 2024, Trump was grazed on the ear by one of a hail of bullets that killed a Trump supporter. Two months later a man with a rifle was discovered near the president's Florida golf course and arrested. Other incidents include a 2022 hammer attack on the husband of then-House Speaker Nancy Pelosi in their San Francisco home and a 2020 plot by anti-government extremists to kidnap Democratic Gov. Gretchen Whitmer and start a civil war. Senate Democratic Leader Chuck Schumer said he asked Capitol Police to 'immediately increase security' for Minnesota Democratic Sens. Amy Klobuchar and Tina Smith. He also asked Majority Leader John Thune, a Republican, to hold a briefing on member security. Karnowski reported from Minneapolis, and Durkin Richer from Washington. Associated Press writers Giovanna Dell'Orto in Champlin, Minnesota, Carolyn Thompson in Buffalo, New York, and Michael Biesecker in Washington contributed.
Hamilton Spectator
4 hours ago
- Hamilton Spectator
4 years after Haiti's president was killed, the investigation drags on
PORT-AU-PRINCE, Haiti (AP) — Not one suspect imprisoned in Haiti has faced trial after being charged in the killing of President Jovenel Moïse, who was gunned down at his home in the nation's capital nearly four years ago. Gang violence, death threats and a crumbling judicial system have stalled an ongoing investigation defined by outbursts and tense exchanges between suspects and judges. 'You failed in your mission. And you are not ashamed to declare yourself innocent,' Judge Claude Jean said in a booming voice as he stood and faced a Haitian policeman responsible for protecting the president, who was shot 12 times in Port-au-Prince on July 7, 2021. Jean is one of six Haitian judges investigating whether there is enough evidence to warrant a trial for the 20 suspects held in the troubled Caribbean country. Authorities said some of the suspects envisioned a coup, not an assassination, leading to lucrative contracts under a new administration. The suspects include 17 former soldiers from Colombia and three Haitian officials: an ex-mayor, a former policeman and a former Haiti Ministry of Justice employee who worked on an anti-corruption unit. Missing are several key Haitian suspects who escaped last year after a powerful gang federation raided Haiti's two biggest prisons , including Dimitri Hérard, ex-head of security at Haiti's National Palace. Three other suspects, all Colombians, were killed hours after Moïse was slain, while a key suspect in the case, Haitian Superior Court Judge Windelle Coq Thélot, died in January while still a fugitive. Courthouse under siege The investigation was repeatedly halted by the resignation of judges who feared for their lives. Defense attorneys then appealed after the court ruled there was sufficient evidence for trial. Jean and five other judges are now tasked with restarting the inquiry. But determining complicity among 51 suspects is only one of numerous challenges. Last year, powerful gangs seized control of the downtown Port-au-Prince courthouse where the judges were interrogating suspects. The hearings were suspended until the government rented a home in Pacot, a neighborhood once considered safe enough for the French embassy. But gangs controlling 85% of Haiti's capital recently attacked and forced the government to move again. The hearings restarted in May, this time in a private home in Pétion-Ville, a community trying to defend itself from gangs seeking full control of Port-au-Prince . 'Nothing we could do' As a fan swirled lazily in the background, Judge Phemond Damicy grilled Ronald Guerrier in late May. One of several police officers tasked with protecting the president, Guerrier insisted he never entered Moïse's home and couldn't fight the intruders because he was dazed by a stun grenade. 'The attackers were dressed all in black. They wore balaclavas and blinded us with their flashlights. I couldn't identify anyone,' Guerrier testified, adding they used a megaphone to claim they were U.S. Drug Enforcement Administration agents. 'The attackers operated as if they were entering their own home. It seemed they knew the place perfectly.' Damicy asked if they shot at drones that Guerrier said were buzzing above the president's home. 'The attackers covered the entire area with their fire,' Guerrier replied. 'There was nothing we could do.' Damicy grew exasperated. 'Under no circumstances should an enemy cross you with impunity to commit his crime,' he said. 'In your place, I would fire on the enemy. I would even die, if necessary.' 'I don't know' Inside the investigation's heavily guarded, stone-and-concrete headquarters in a leafy residential community, raised voices have dominated tense interrogations. One judge stood and thundered a question about a gun: 'On the day of the death of President Jovenel Moïse, were you in possession of a Galil?' In another outburst in March, a judge repeatedly pressed Joseph Badio, the former Ministry of Justice official who spent two years on the run, about his call to former Prime Minister Ariel Henry after the assassination. At the time, Henry had only been nominated as prime minister by Moïse. 'You can say whatever you want with your mouth,' Badio told the judge, who ordered him to sit as he rose while speaking. 'There is no prohibition for me to communicate with anyone I want.' The tension has carried over into interrogations of the Colombian suspects, who maintain they were hired by a Miami-based security firm to provide security for power and water treatment plants and diplomatic officials, as well as train Haitian police and soldiers. The Colombians have denied involvement, while their attorney, Nathalie Delisca, said there has been no presumption of innocence during the interrogations. 'The treatment inflicted on the detainees was inhumane,' she said, alleging mistreatment by authorities after their arrest. The former soldiers said they were beaten, threatened with death, forced to sign documents in a language they don't understand and barred from communicating with their lawyers and families for long stretches. 'I have been subjected to degrading treatment. I have been subjected to physical and psychological torture,' Jheyner Alberto Carmona Flores said during a recent hearing. He spoke Spanish in a clear and loud voice, sometimes correcting an interpreter translating his testimony into French. 'I have no involvement because I don't know when or where the president was assassinated,' Carmona Flores said, claiming he was summoned to provide security at the perimeter of Moïse's house and did not know the president had been fatally shot. Working under threat While the case in Haiti has stalled, the U.S. has charged 11 extradited suspects , with five already pleading guilty to conspiring to kill Moïse. Five other suspects are awaiting trial, which is now scheduled for March 2026. They include Anthony 'Tony' Intriago, owner of Miami-based CTU Security, and Haitian-Americans James Solages , a key suspect, and Christian Emmanuel Sanon , a pastor, doctor and failed businessman who envisioned himself as Haiti's new leader. Moïse's widow, Martine Moïse , is expected to testify in the U.S. case. She was injured in the attack and accused by a Haitian judge of complicity and criminal association, which her attorneys deny. Court documents say the plan was to detain Jovenel Moïse and whisk him away, but changed after the suspects failed to find a plane or sufficient weapons. A day before Moïse died, Solages falsely told other suspects it was a CIA operation and the mission was to kill the president, the documents allege. Bruner Ulysse, a lawyer and history professor in Haiti, lamented how the local investigation has highlighted what he called 'profound challenges' in Haiti's judicial system. 'While international efforts have yielded some results, the quest for justice in Haiti remains elusive,' Ulysse said. 'Judges, prosecutors and lawyers operate under constant threat.' ___ Coto reported from San Juan, Puerto Rico. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
