MEMPHIS—In a surprising turn of events, the federal sentencing of five former Memphis Police Department (MPD) officers found guilty of felony charges in federal court, stemming from the brutal beating of Tyre Nichols, a case that garnered national attention in January 2023, has been delayed yet again.
Nine months after Mr. Nichols’ death, a federal trial resulted in the October 2024 felony convictions of Justin Smith, Tadarrius Bean and Demetrius Haley. Emmitt Martin III and Desmond Mills had previously entered a guilty plea.
U.S. District Court Judge Mark Norris, the presiding judge over the case, decided to postpone the sentencing hearing until the week of June 16, after the state’s criminal case against the former officers was to be held.
In light of what many deemed a gross miscarriage of justice, in which an all-White, out-of-town jury found defendants Tadarrius Bean, Demetrius Haley and Justin Smith not guilty on all counts in the state’s May 2025 criminal court case, there was still some solace to be had in the fact that federal sentencing was a little over a month away. (See The Final Call Vol. 44, No. 32)
However, on June 13, just a weekend away from when the federal sentencing hearings were set to begin, Judge Norris, without explanation and under seal, suddenly recused himself, and, according to a published CBS News report, wrote that he “returns the matter to the Clerk for reassignment to another United States District Judge for all further proceedings.”
A review of the court calendar for Judge Norris no longer showed the scheduled June 16-18 sentencing hearings and, instead, indicated “Court Not in Session.”
State sentencing has also not been set yet by Judge James Jones Jr. for former officers Desmond Mills and Emmitt Martin III, who entered a plea deal in the state’s criminal case.
Among the further delays in the cry for justice and accountability, the $550 million lawsuit filed in April 2023 by Mrs. RowVaugn Wells, Tyre Nichol’s mother, against the City of Memphis, Memphis Police Chief C.J. Davis, the five former officers and others, which had an original trial date of March 2025, has now been pushed back to July 13, 2026.
The City of Memphis is also requesting the federal court disregard the use of information contained in a Department of Justice findings reports from December 2024, that showed the MPD and the City of Memphis “engaged in a pattern or practice of conduct that violates the U.S. Constitution and federal law.”
The report indicated that officers often used force as punishment and retaliation against those who didn’t immediately respond to their demands, along with many other disturbing practices.
Since the filing of the lawsuit, the Department of Justice’s (DOJ) Civil Rights Division released a press statement on May 21, indicated that they were closing the investigations into the Memphis Police Department.
Along with five other police departments in what they described as “retracting the Biden’s administration’s findings of constitutional violations.” The findings report has now been marked as archived on the DOJ website.
In response to a request for comment, The Final Call was notified by Attorney Ben Crump, via firm investigator Kareem Ali, that due to the new developments and ongoing communications, he is unable to provide a statement regarding the sentencing delays, Judge Norris’ recusal or the family’s lawsuit, as of press time.
Chief Judge Sheryl Lipman is now presiding over the federal sentencing hearing. A new date has not yet been set.