Ex-officer says he regrets his failure to stop the fatal beating of Tyre Nichols

MEMPHIS, Tenn. (AP) — Former Memphis police officer Desmond Mills Jr. testified Tuesday that he regrets his failure to stop the beating of Tyre Nichols after Nichols ran away from a traffic stop in 2023.

Mills' testimony came in the second day of the trial of Tadarrius Bean, Demetrius Haley and Justin Smith, who have pleaded not guilty to state charges including second-degree murder in the death of Nichols, a 29-year-old Black man who was beaten as he cried out for his mother just steps from his home. The three defendants already face the prospect of years behind bars after they were convicted of federal charges last year.

Footage of the beating was captured by a police pole camera and also showed the officers milling about, talking and laughing as Nichols struggled. Nichols' death led to national protests, raised the volume on calls for police reforms in the U.S. and directed intense scrutiny toward the police force in Memphis, a majority-Black city.

Mills pleaded guilty to federal charges last year and has agreed to plead guilty to state charges as well.

During his testimony Tuesday, Mills said he and Bean responded to a Jan. 7, 2023, police radio call that a man had run away from a traffic stop after he was pepper-sprayed and hit with a Taser. Nichols saw the two officers and ran away from them, and Bean eventually caught Nichols after a foot chase, Mills testified.

When Mills arrived at Nichols’ location, Nichols was struggling with Bean and Smith, who were holding Nichols on the ground, Mills said. Mills then tried to pepper-spray Nichols, but he ended up spraying himself, which made him angry, Mills said.

After stepping away to try to recover, Mills then walked up to Nichols and hit him three times in the arm with a police baton as Bean and Smith were holding Nichols, Mills said.

Mills told prosecutor Paul Hagerman that he hit Nichols with the baton because he was angry. Another officer, Emmitt Martin, arrived and punched and kicked Nichols in the head.

Nichols died three days after the beating. Mills acknowledged on the stand that he had a duty to intervene to stop it, but didn’t.

“Do you regret that?” the prosecutor said.

“Yes,” Mills said.

Mills also acknowledged that he did not tell paramedics that Nichols had been repeatedly hit in the head and later failed to give police supervisors details of the beating because he didn’t want to get in trouble.

Under cross-examination, Mills said Nichols was not complying with repeated orders to give officers his hands so that he could be handcuffed. Mills acknowledged that suspects present a danger to officers if they don’t obey such commands.

Defense attorney John Keith Perry asked Mills if he would have struck Nichols with the baton if Nichols had just put his hands behind his back. Mills said no.

“I would have stopped,” said Mills, who spoke in a measured, quiet voice during questioning.

The air conditioning was not working properly in the compact, circular, windowless and packed courtroom. At times, Perry — wearing a tie and suit jacket — wiped his head and back of the neck with what appeared to be a handkerchief or a small towel, and people periodically fanned themselves with pieces of paper.

“It’s hot in here,” Perry said.

Under the plea agreements, Mills’ state sentence will be the same length as his federal term, which could reach up to life in prison, though federal prosecutors have recommended a 15-year sentence. He would serve the state sentence at the same time as his federal term in prison.

In opening statements Monday, prosecutor Paul Hagerman said Nichols was being held by his arms by two of the officers as he was punched and kicked and hit with a police baton.

Hagerman said the officers helped each other beat Nichols to death. An autopsy showed Nichols died three days after the beating of blunt force trauma.

He said the officers had a duty to stop the beating but none of them did so. They were “overcome by the moment,” the prosecutor said.

In his opening statement, Bean’s attorney said the situation became “high risk” when Nichols continued driving for about 2 miles (3.2 km) after one of the officers turned on his vehicle’s blue lights in an attempt to stop Nichols for speeding. Nichols then failed to follow orders to give officers his hands so that he could be handcuffed, Perry said.

“He was actually resisting arrest the whole time,” Perry said, adding that the officers just “wanted to do their job effectively.”

Both Smith and Haley called for medical aid the night of the beating, their lawyers said.

The jury for the state trial was chosen in Hamilton County, which includes Chattanooga, after Judge James Jones Jr. ordered the case be heard from people outside of Shelby County, which includes Memphis. Defense lawyers for the officers had argued that intense publicity made seating a fair jury difficult.

The officers are charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression.

Mills and Martin were also charged but will not stand trial with their former colleagues due to their agreements to testify. Sentencings for all five officers in the federal case is expected after the state trial.

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.

Former Memphis Police officer Tadarrius Bean, left, appears in a Shelby County courtroom on Monday, April 28, 2025, to stand trial for second-degree murder in the beating death of Tyre Nichols after a 2023 traffic stop in Memphis. (Mark Weber/Daily Memphian via AP, Pool)

Former Memphis Police officer Demetrius Haley, left, appears in a Shelby County courtroom on Monday, April 28, 2025, to stand trial for second-degree murder in the beating death of Tyre Nichols after a 2023 traffic stop in Memphis. (Mark Weber/Daily Memphian via AP, Pool)

FILE - Candles spell out the name of Tyre Nichols during a candlelight vigil for Nichols on the anniversary of his death, Jan. 7, 2024, in Memphis. (AP Photo/Karen Pulfer Focht, file)

FILE - In this photo provided by WREG, Tyre Nichols' stepfather Rodney Wells, center, stands next to a photo of Nichols in the hospital after his arrest, during a protest in Memphis, Tenn., Jan. 14, 2023. (Jordan James/WREG via AP)

Former Memphis police officer Desmond Mills, right, responds to questions from Shelby County Deputy District Attorney Paul Hagerman, left, during the second day of a trial against former Memphis police officers accused of fatally beating Tyre Nichols in a 2023 traffic stop in Memphis, Tenn., Tuesday, April 29, 2025. (Andrea Morales for MLK50 via AP, Pool)

RowVaughn Wells, mother of Tyre Nichols, left, is embraced by a community member while entering the courtroom Tuesday, April 29, 2025, during the second day of a trial against former Memphis police officers accused of fatally beating her son in a 2023 traffic stop in Memphis, Tenn. (Andrea Morales for MLK50 via AP, Pool)

Desmond Mills Jr., a former Memphis Police Department officer who has taken a plea deal, second from left, identifies officers in body camera footage of the traffic stop of Tyre Nichols during the second day of the state trial for the death of Nichols at 201 Poplar in Memphis, Tenn., on Tuesday, April 29, 2025. (Chris Day/Commercial Appeal/USA Today Network via AP, Pool)

Desmond Mills Jr., a former Memphis Police Department officer who has taken a plea deal, left, is sworn in by Judge James Jones Jr., right, as a witness during the second day of the state trial for the death of Tyre Nichols at 201 Poplar in Memphis, Tenn., on Tuesday, April 29, 2025. (Chris Day/Commercial Appeal/USA Today Network via AP, Pool)

Former Memphis Police Department officer and defendant Tadarrius Bean, right, looks up as Desmond Mills Jr., left, a former MPD officer who has taken a plea deal, walks into the courtroom to take the stand as a witness during the second day of the state trial for the death of Tyre Nichols at 201 Poplar in Memphis, Tenn., on Tuesday, April 29, 2025. (Chris Day/Commercial Appeal/USA Today Network via AP, Pool)

Desmond Mills Jr., a former Memphis Police Department officer who has taken a plea deal, answers a question from Shelby County deputy district attorney Paul Hagerman, right, during the second day of the state trial for the death of Nichols at 201 Poplar in Memphis, Tenn., on Tuesday, April 29, 2025. (Chris Day/Commercial Appeal/USA Today Network via AP, Pool)

Desmond Mills Jr., a former Memphis Police Department officer who has taken a plea deal, identifies former MPD officer and defendant Tadarrius Bean during the second day of the state trial for the death of Tyre Nichols at 201 Poplar in Memphis, Tenn., on Tuesday, April 29, 2025. (Chris Day/Commercial Appeal/USA Today Network via AP, Pool)

Los Angeles Chargers (11-5) at Denver (13-3)

Sunday, 4:25 EST, CBS.

BetMGM NFL Odds: Broncos by 12 1/2.

Against the spread: Chargers 8-7-1; Broncos 6-9-1.

Series record: Broncos lead 72-58-1.

Last meeting: Chargers beat Broncos 23-20 on Sept. 21, 2025, in Inglewood, California.

Last week: Chargers lost to Texans 20-16; Broncos beat Chiefs 20-13.

Chargers offense: overall (12), rush (12), pass (15), scoring (T-16).

Chargers defense: overall (4), rush (9), pass (6), scoring (7).

Broncos offense: overall (9), rush (19), pass (9), scoring (14).

Broncos defense: overall (3), rush (2), pass (8), scoring (4).

Turnover differential: Chargers plus-4 ; Broncos minus-5.

QB Trey Lance is making his sixth career start and first for the Chargers. He's appeared in three games this season, completing 7 of 13 passes for 90 yards with no touchdowns, no interceptions and two sacks.

WR Courtland Sutton surpassed 1,000 yards last week, but he dropped a touchdown pass and caught just four of the 10 passes Bo Nix threw his way. Sutton has 73 receptions for 1,012 yards and seven TDs this season, a similar output to last year when he caught 81 passes for 1,081 yards and eight TDs.

The Chargers offensive line and backup QB versus Denver's dominant pass rush. The Broncos have had a franchise-record and NFL-best 64 sacks so far and are within striking distance of the NFL record of 72 set by the 1984 Chicago Bears, who had a dozen in their season finale that year.

Chargers: Coach Jim Harbaugh said he's sitting QB Justin Herbert (left hand) for the finale along with several other starters. Rookie RB Omarion Hampton (ankle) missed practice time this week as did CB Nikko Reed (hamstring) and OL Jamaree Salyer (hamstring). Harbaugh said he doesn't expect Salyer to play Sunday.

Broncos: LB Dre Greenlaw has been dealing with a hamstring injury and won't play in the finale. WR Pat Bryant (concussion), TE Nate Adkins (knee) and DL John Franklin-Meyers (hip) were limited in practice this week.

The Chargers have won all three games against Denver and Sean Payton with Jim Harbaugh as head coach. All three have been one-score games.

The Chargers clinched a playoff berth for the second straight season, the first time that's happened since they reached the postseason four consecutive times from 2006-09. ... The Bolts are coming off a 20-16 loss to Houston in which they were 2 of 5 in the red zone while the defense allowed a pair of rare long touchdown passes to open the game. K Cameron Dicker missed a field goal from inside 40 yards for the first time in his career and pulled an extra point wide for the first time this season. ... The Chargers are the only team that's unbeaten (5-0) in the AFC West this season. ... RB Omarion Hampton has a touchdown in three of his past four games. ... WR Quentin Johnston is coming off a 98-yard performance in Week 17. ... WR Keenan Allen had seven catches for 65 yards and a touchdown against Denver in Week 3. ... The Broncos were the first team to clinch a playoff spot and can earn the AFC's No. 1 overall seed with a win Sunday. The Broncos won the AFC West for the first time since 2015, ending the Kansas City Chiefs' nine-year reign atop the division. ... Broncos QB Bo Nix is tied for the second-most victories over the first two seasons at his position with 23. With a win Sunday, he'll tie Russell Wilson's NFL record of 24 wins in his first two seasons. ... Nix needs one TD pass to become the fourth QB in NFL history with at least 25 in each of his first two seasons. ... Nix is the third player ever, joining Herbert and Peyton Manning, with 3,500-plus passing yards and 25 or more TD passes in each of his first two NFL seasons. ... RB RJ Harvey leads rookies with a dozen TDs this season. He's scored a TD in five consecutive games. ... LB Nik Bonitto had two sacks in Week 3 against the Chargers.

AP NFL: https://apnews.com/hub/NFL

Los Angeles Chargers tight end Oronde Gadsden (86) celebrates his touchdown during the second half of an NFL football game against the Houston Texans Saturday, Dec. 27, 2025, in Inglewood, Calif. (AP Photo/Kevork Djansezian)

Denver Broncos linebacker Alex Singleton reacts during the second half of an NFL football game against the Kansas City Chiefs Thursday, Dec. 25, 2025, in Kansas City. (AP Photo/Charlie Riedel)

Los Angeles Chargers running back Omarion Hampton (8) celebrates his touchdown with quarterback Justin Herbert (10) during the second half of an NFL football game against the Houston Texans Saturday, Dec. 27, 2025, in Inglewood, Calif. (AP Photo/Kevork Djansezian)