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

Independent

14 hours ago

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 "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 did not immediately respond to a request for comment, and the U.S. Attorney's Office declined comment Friday.
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 other three officers in October. Four of the five officers had been scheduled to be sentenced next week and the fifth on June 23.
U.S. District Judge Sheryl H. Lipman was added to the case late Friday, court records showed. It was not immediately clear how the change in judges would affect the timing of the sentencings.
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.
Beating was captured on cameras
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.
Officers were part of Scorpion 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 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.