Desmond Mills Jr., Civil Rights Violation, Tennessee 2023

MEMPHIS, Tennessee – A former Memphis Police officer has pleaded guilty to federal civil rights and conspiracy charges in connection with the death of Tyre Nichols. Desmond Mills, Jr., 33, appeared before U.S. District Court Judge Mark S. Norris today and pled guilty to civil rights and conspiracy charges arising out of the January 7 incident.

The indictment charges Mills and co-defendants Emmitt Martin III, 31; Tadarrius Bean, 24; Demetrius Haley, 30; and Justin Smith, 28, with using excessive force resulting in the death of Nichols. The charges also include aiding and abetting each other in using that excessive force; failing to intervene to stop the excessive force; failing to render medical aid; and conspiring or taking action to cover up their misconduct.

According to the plea agreement, Mills admitted to repeatedly and unjustifiably striking Nichols with a baton and to failing to intervene in other officers’ use of force against Nichols. Mills also admitted to not providing any medical aid to Nichols after the beating, though he knew that Nichols had a serious medical need. He did not alert MPD or Memphis Fire Department EMTs that Nichols had been struck in the head and body.

Mills participated in conversations with other officers in which they discussed using force against Nichols, hitting Nichols to make him fall, and believing they were on the verge of killing Nichols when they saw that Nichols did not fall from the blows. Mills also admitted to making false statements in connection with the arrest of Nichols, including telling his supervisor that they had done “everything by the book” and providing false information in his statements to an MPD detective tasked with writing the incident report.

Pursuant to the terms of Mills’s plea agreement, the government will recommend a maximum penalty of fifteen years in prison. The four remaining defendants face federal charges as set forth in the indictment, which is merely a formal accusation of criminal conduct. The defendants are presumed innocent unless and until they are proven guilty beyond a reasonable doubt in a court of law.

The FBI Memphis Field Office investigated this case. Assistant U.S. Attorneys David Pritchard and Elizabeth Rogers, Special Litigation Counsel Kathryn E. Gilbert, and Deputy Chief Forrest Christian of the Justice Department’s Civil Rights Division are prosecuting the case.

The indictment charges Mills with the following crimes: using excessive force resulting in the death of Nichols; aiding and abetting each other in using that excessive force; failing to intervene to stop the excessive force; failing to render medical aid; and conspiring or taking action to cover up their misconduct.

Defendant Information:

Defendant: Desmond Mills Jr.

Charges: Using excessive force resulting in the death of Nichols, aiding and abetting each other in using that excessive force, failing to intervene to stop the excessive force, failing to render medical aid, and conspiring or taking action to cover up their misconduct.

City and State: Memphis, Tennessee

Date of Incident: January 7, 2024

Sentence: Pursuant to the terms of Mills’s plea agreement, the government will recommend a maximum penalty of fifteen years in prison.

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