Federal judge recuses himself days before sentencing Memphis officers accused in Tyre Nichols’ death
MEMPHIS, Tenn. — 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.
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.