Ex-officer who pleaded guilty in Tyre Nichols case cries during testimony

MEMPHIS, Tenn. — A former officer who pleaded guilty to charges connected to the death of Tyre Nichols became emotional during his testimony Tuesday in the federal trial of three ex-Memphis police officers charged in connection with the January 2023 beating death of Nichols.

“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much," said Desmond Mills Jr., who cried during his testimony, according to WATN, the ABC affiliate in Memphis covering the case in the courtroom. "It felt bad every time the picture is on the screen to know I’m a part of that. I made his child fatherless. I’m sorry. I’m sorry. I know 'sorry' won’t bring him back, but I pray his child has everything he needs growing up."

Mills struggled to speak after watching body camera video in court of Nichols being struck, according to WATN. Mills admitted to using his baton to hit Nichols three times.

“I was angry because I just [pepper] sprayed myself in the face,” Mills said, according to WATN. “I didn’t give him a chance to give me his hands.”

Justin Smith, Demetrius Haley and Tadarrius Bean were charged on Sept. 12, 2023, with violating Nichols' civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.

Mills and Emmitt Martin III, the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.

Mills pleaded guilty to two of the four counts in the indictment -- excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills' plea agreement.

Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records.

When Mills was asked by the prosecution what threat Nichols posed during the officers' encounter with Nichols as shown in the court through body camera footage, the ex-officer answered, "None," according to WATN.

Mills claimed that he wanted to leave the Memphis Police Department (MPD) by the time Bean joined the SCORPION unit, the MPD's former crime suppression unit, which has since been disbanded, because he didn't like the structure of the team, his former colleagues were inexperienced and the culture of the team was “go, go, go,” according to WATN.

“I just pulled the spray out and I sprayed Mr. Nichols,” Mills, who claimed Smith and Bean were already punching Nichols when he arrived on scene, said, according to WATN. “I failed to assess and analyze … just started spraying.”

Mills could be heard on body camera footage played in the court threatening to pepper-spray Nichols as the Memphis resident called out for his mother, according to WATN.

“I thought it would help and get handcuffs on him,” Mills said, according to WATN.

Mills said Martin and Haley were hostile toward citizens and he didn’t like what he saw, according to WATN. The ex-officer claimed their aggressive approaches resulted in them filing several response to resistance forms, which officers are required to fill out to explain their use of force while on the job.

Mills claimed Haley would come to work "amped up" from his pre-workouts, according to WATN. He said he talked to Haley about his inconsistent use of his body camera video, to which Haley allegedly told him, “F--- that sh--.”

Mills said that Haley kicked a handcuffed suspect in the face the day before the Nichols' encounter and didn’t report it, according to WATN.

“I was going to go along and hide it with the rest of the team,” said Mills, who also didn't report Haley's use of force, according to WATN.

The response to resistance form lists Mills as using chemical spray, but not Haley kicking the suspect, according to WATN.

Mills claimed Smith, who’s also on trial, told the unit that they needed to check on Martin's mental state after he returned to work after being hit by a car on the job, according to WATN.

In court testimony last week, Martin, who was the first to spot Nichols, claimed that he was hit by a car in November 2022 and returned to work Jan. 3, 2023, according to WATN. Martin said he was scared, angry, eager to show he could still do the job and wanted revenge for being struck by a vehicle.

"I wanted some kind of revenge. I was seeing red," Martin said, according to WATN

Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.

Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition.

Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.

Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.

The prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News' request for comment.

After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner's official autopsy report for Nichols showed he "died of brain injuries from blunt force trauma," the district attorney's office told Nichols' family in May 2023.

The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit -- a crime suppression unit that was disbanded after Nichols' death. All of the officers were fired for violating MPD policies.

“It was ugly," Mills said when asked by the prosecution why he didn't tell his supervisor the truth about the Nichols encounter, according to WATN. "So, we didn’t tell lieutenant.”

ABC News' Deena Zaru and Sabina Ghebremedhin contributed to this report.

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