MEMPHIS, Tenn. — With Desmond Mills now pleading guilty to federal charges, new questions are arising on how it may impact the other four ex-Memphis Police officers criminally charged in the death of Tyre Nichols.
A longtime Memphis attorney weighed in following the plea deal announcement. Claiborne Ferguson said Thursday's development was monumental and could potentially have a large ripple effect on the former officers.
Mills would now be testifying against those ex-officers if it goes to trial. Former MPD officers Justin Smith, Emmitt Martin, Demetrius Haley and Tadarrius Bean previously pleaded not guilty to both state and federal charges ahead of the planned trials in both cases.
However, even if any of the other ex-officers do accept the plea deal, Ferguson said they likely will not be let off as lightly as Mills. The Memphis lawyer said the first defendant who accepts the plea deal will usually get the shortest sentence.
Moving forward, Ferguson said Mills will likely become a key witness for the federal government against the other former officers at trial.
“It’s very difficult to win a federal case when you have one of the co-defendants testifying against you. This is an officer that was there, saw it and knows the internal workings of the SCORPION Unit," said Ferguson. "In the past, juries were more likely to overlook policeman misconduct, and it's clear that they’re not going to overlook it moving forward.”
Shelby County District Attorney Steve Mulroy said if Mills does not cooperate and testify truthfully, the plea deal he agreed to Thursday morning is off. As it stands now, the other four former MPD officers will appear in state court Monday November 6. The judge is expected to set a trial date for the state charges.