Emotion on stand from ex-officer in Tyre Nichols case should be ignored, judge tells jury
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(MEMPHIS, Tenn.) — The judge overseeing the federal trial of three ex-Memphis police officers charged in connection with the January 2023 beating death of Tyre Nichols told the jury on Wednesday to disregard the emotional part of the previous day’s testimony from a former officer who pleaded guilty to charges connected to Nichols’ death.
Judge Mark Norris was referring to Desmond Mills Jr.’s statements on the witness stand Tuesday as he described how he felt when watching the police body camera footage from the night of Nichols’ beating, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom.
“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. “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.”
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.
“We’re praying for everyone involved,” Ben Crump, the civil rights attorney representing the Nichols’ family, said during a prayer vigil Wednesday morning outside the courthouse when asked for his response regarding Mills’ emotional testimony.
Crump said this trial was one of the most emotional trials he has ever attended, a sentiment shared by Antonio Romanucci, his co-counsel.
“In my career, which is now over 40 years,” Romanucci said, “I have never seen such testimony as I did yesterday — police officer who had such contrition. [Former] Officer Mills, without knowing it, just talked about why we’re here, and that’s for accountability.”
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.
Within the courtroom, defense attorneys cross-examined Mills regarding the use of his baton on Nichols, which Mills said on Tuesday he used to hit Nichols three times the night of their encounter, according to WATN.
Mills claimed that he didn’t use the baton to hit Nichols in the head, but admitted that he used it improperly since it’s only meant to be used in self-defense, according to WATN. He said it was the first time he ever used his baton or used excessive force on a suspect.
Mills noted that the use of his baton was not because verbal commands weren’t working on Nichols when asked by the defense, according to WATN.
Mills reiterated his testimony from Tuesday that he was angry and he sprayed himself with pepper spray, and therefore used excessive force on Nichols, according to WATN.
“I was angry because I just [pepper] sprayed myself in the face,” Mills said on Tuesday, according to WATN. “I didn’t give him a chance to give me his hands.”
Mills disagreed with Bean’s attorney when he asked Mills if he was the only one who could intervene to stop the beating, since Mills didn’t have his hands on Nichols that night, according to WATN. The ex-officer claimed that the other officers could have moved Nichols away from the strikes and punches while they held his hands.
Mills admitted to the defense that the reason he changed his statement about what happened that night was because he took a plea deal from prosecutors, according to WATN. He said he lied in earlier statements.
Mills told prosecutors that when he told Lt. Dewayne Smith, his former supervisor, that the arrest was done “by the book,” he only said that to hide what really happened, according to WATN. The ex-officer claimed that there was a mutual understanding that their off-camera conversations would go unreported.
“I needed this job for my wife and kids,” Mills said when the prosecution asked why he was not initially truthful about the encounter. “This job has good insurance. I have children with special needs. I needed this job for my family. I let them down.”
Mills was asked about response to resistance forms from the incident, stating they weren’t accurate and that Nichols, “was not aggressive at all,” according to WATN.
Mills said that Haley asked him if Mills’ body camera captured him during the encounter with Nichols.
“I hope I’m not on there,” Mills said Haley told him.
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.
“I was going along, either way, [with] the cover-up,” Mills said. “Hoping for the best that Mr. Nichols would survive and this whole thing would blow over.”
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.
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.
“As an officer, I respond to scenes where the victim looks like Mr. Nichols [did after he was beaten],” Mills said. “This was the first time I was a part of it.”
(NEW YORK) — A week after cellphone users across the U.S. reported a flurry of racist text messages, members of the Hispanic and LGBTQ communities are now receiving text messages saying they have been selected for deportation or to report to a re-education camp, according to a new statement from the FBI.
The messages follow reports of African American and Black residents receiving racist texts in the days after the 2024 election that they were selected to “pick cotton on a plantation,” according to the FBI. Cellphone users in at least nine cities — New York, Atlanta, Charlotte, Raleigh, Houston, Huntsville, Texas, Los Angeles, Norfolk, Virginia, and Tuscaloosa, Alabama — reported receiving the messages.
The new message also include some emails, the FBI said in its statement.
TextNow, a mobile provider that allows people to create phone numbers for free, said last week it discovered “one or more” of its users allegedly sending out racist text messages to phone numbers across the country and that the service quickly shut down the accounts.
The FBI has said it is in contact with the Justice Department and other federal authorities on the matter.
Recipients of these messages include high school and college students.
“Although we have not received reports of violent acts stemming from these offensive messages, we are evaluating all reported incidents and engaging with the Department of Justice Civil Rights Division,” the FBI said in its Friday statement. “We are also sharing information with our law enforcement partners, and community, academia, and faith leaders.”
Anyone who receives these messages — or any threats of violence — is encouraged to report them to the FBI.
(Belton, Mo.) – The homes of Kansas City Chiefs quarterback Patrick Mahomes and tight end Travis Kelce were burglarized last month, according to police reports.
Four officers were dispatched to a home in Belton, Missouri, just after midnight on Oct. 6 after a man called, “indicating a residence had been broken into,” according to a report from the Cass County Sheriff’s Office.
The police report does not mention Mahomes by name, but the address matches Mahomes’ home from public records.
The report did not indicate whether anything was stolen.
Police in Leawood, Kansas, are investigating a burglary the following day, on Oct. 7, at an address that matches where Kelce lives.
The burglar arrived just after 7:30 p.m., caused $1,000 in damage to a back door and fled with $20,000 cash, according to the police report. The crime was reported the next day, according to a 911 call log and a police report.
The timing means Kelce’s home was broken into while the Chiefs were hosting the New Orleans Saints on Monday Night Football — a game Kelce’s girlfriend, Taylor Swift, was attending.
(TALLAHASSEE, FL) — Hurricane Milton, now a powerful Category 4 hurricane, is taking aim at Florida’s west coast. Landfall is expected late Wednesday night, possibly as a Category 3 hurricane.
Milton is closing in as Floridians are still recovering from the devastation unleashed by Hurricane Helene.
Hurricane warnings extend to Florida’s east coast
Hurricane warnings are in effect in Tampa, Fort Myers and Orlando as Hurricane Milton closes in.
Hurricane and storm surge warnings have now also been issued for parts of Florida’s east coast, including Daytona Beach, Cape Canaveral and Melbourne.
-ABC News’ Max Golembo
DeSantis: Use today to finalize and execute your safety plan
Florida Gov. Ron DeSantis on Tuesday urged Floridians to “use today as your day to finalize and execute the plan that is going to protect you and your family” from Hurricane Milton.
Landfall is expected around 11 p.m. Wednesday and the Tampa Bay area is forecast to face a record-breaking storm surge of 10 to 15 feet.
About 1,200 truckloads of debris left by Hurricane Helene have been removed over the last 24 hours, and that removal will continue until it’s no longer safe to do so, DeSantis said.
The governor said 37,000 linemen are either in Florida or on the way to help with power outages.
Twenty-seven fuel trucks were escorted by Florida Highway Patrol overnight to help gas stations running out of fuel, he said.
-ABC News’ Darren Reynolds
Counties issue mandatory evacuation orders
Mandatory evacuation orders have been issued in parts of counties along Florida’s west coast and even Florida’s east coast, including in Charlotte, Citrus, Collier, Hernando, Hillsborough, Lee, Levy, Manatee, Pasco, Pinellas and Volusia.
“If you live in a storm surge evacuation zone and you’re asked to leave by your local officials, please do that,” Michael Brennan, the director of NOAA’s national hurricane center, told ABC News Live on Sunday. “You don’t have to drive hundreds of miles to get to a safe place, often just tens of miles to get inland, out of that evacuation zone, to a shelter, a friend or loved one’s home.”
Brennan also urged Floridians to prepare a disaster kit with several days’ worth of nonperishable food, water, medicine and batteries.
Latest forecast
Milton is now a Category 4 hurricane located about 545 miles southwest of Tampa, Florida.
Milton’s outer bands will start lashing Florida’s west coast by Wednesday morning.
Landfall is expected around 11 p.m. Wednesday between St. Petersburg and Sarasota, possibly as a Category 3 hurricane.
Tampa Bay is forecast to face a record-breaking storm surge of 10 to 15 feet.
Storm surge in Fort Myers could reach 6 to 10 feet.
As Milton moves over Florida, winds ahead of the system could push storm surge up to 5 feet in Jacksonville and up to 4 feet in Savannah.
Up to 18 inches of rain is possible by the end of the storm.
Tornadoes are also possible in South Florida on Wednesday and Thursday.
-ABC News’ Max Golembo
Milton becomes ‘powerful’ Category 4 storm
Hurricane Milton’s maximum sustained winds were at about 155 mph early Tuesday, classifying the storm as a “powerful” Category 4 hurricane, the National Hurricane Center said
“While fluctuations in intensity are expected, Milton is forecast to remain an extremely dangerous hurricane through landfall in Florida,” the center said in a 1 a.m. ET update.
-ABC News’ Jessica Gorman
Hurricane Milton still Category 5, but winds slow to 165 mph
As of its 11 p.m. ET update, the National Hurricane Center said that Hurricane Milton now has wind speeds of 165 mph, slowing down by 15 mph from earlier Monday.
The storm still poses an “extremely serious threat” to Florida, the NHC said.
It’s currently moving toward the Northern coast of the Yucatan Peninsula, per the NHC.
It is still forecast by the NHC to weaken to a Category 3 before making landfall late Wednesday night or early Thursday morning.
-ABC News Senior Meteorologist Melissa Griffin
President Biden speaks with Gov. DeSantis ahead of Milton hitting Florida
With Hurricane Milton inching closer to Florida, President Joe Biden spoke with Gov. Ron DeSantis and Tampa Mayor Jane Castor Monday night, the White House said.
“This evening, the President had separate calls with Florida Governor Ron DeSantis and Tampa Mayor Jane Castor to get a firsthand report on recovery efforts for Hurricane Helene, and to discuss preparations for Hurricane Milton,” the White House said in a statement. “He asked the Governor and the Mayor to call him directly if there is anything that can be done to further support the response and recovery efforts.”
Biden also spoke with director of the National Weather Service Kein Graham, who briefed him on the “expected impacts” of Milton on Florida.
Graham emphasized that “this hurricane could have major impacts and that people in the storm’s path should evacuate now while there is ample time to do so,” according to the White House.
-ABC News’ Molly Nagel
Milton strongest hurricane in Gulf in nearly 20 years
Milton is now the strongest hurricane in the Gulf of Mexico, by both wind and pressure, in nearly two decades, ABC News has determined.
As of 8 p.m. ET, Hurricane Milton’s winds were holding steady at 180 mph, according to the National Hurricane Center.
Hurricane Hunters report that Milton’s pressure has fallen to near a new record low of 897 mb. It is currently 650 miles southwest of Tampa, the NHC said.
-ABC News Senior Meteorologist Melissa Griffin
Orlando, Tampa airports among those closing
The St. Pete-Clearwater International Airport, just outside of Tampa, Florida, will close at 12:30 p.m. Tuesday and stay shut on Wednesday and Thursday.
“The airport is in a mandatory evacuation zone and is not a public shelter,” airport officials tweeted. “Prepare and stay safe.”
Tampa International Airport will suspend operations beginning at 9 a.m. Tuesday and stay closed “until it can assess any damage after the storm,” airport officials said.
The Orlando International Airport will close Wednesday morning at 8 a.m. and reopen as soon as it’s safe, officials said. Orlando Executive Airport (ORL) will cease operations at 10 a.m. on Wednesday.
The Sarasota Bradenton International Airport will close at 4 p.m. Tuesday.
Homeland Security secretary tells those with evacuation order to ‘leave NOW’
Those currently under an evacuation order due to the threat of Hurricane Milton should leave now, Homeland Security Secretary Alejandro Mayorkas tweeted Monday evening.
“Hurricane #Milton is intensifying to record strength. If you’ve received an evacuation order, leave NOW,” he tweeted. “@DHSgov, the Biden-Harris Admin, and local and state partners are prepositioning life-saving resources. Stay informed via @FEMA or the FEMA app.”
FEMA outlines preparations for Milton, talks ‘extremely damaging’ misinformation
Keith Turi, acting director of response and recovery for FEMA, outlined on Monday the agency’s preparations for Hurricane Milton and urged anyone in the storm’s path to take it seriously.
“We’re urging anyone that is in an evacuation area, anyone that is told to evacuate, to please do so,” Turi said.
He also hit back against misinformation and conspiracy theories about the storm, calling it “extremely damaging.” In Georgia on Friday, former President Donald Trump pushed the baseless claim that FEMA had diverted disaster funds towards cities with an influx of migrants.
“It’s unfortunate, because these individuals have been through extremely traumatic times,” Turi said. “They’ve lost loved ones, they’ve lost their home and now they’re being influenced by information that just isn’t accurate.”
Milton storm surge forecast grows, winds now 180 mph
The storm surge forecast for Hurricane Milton has been revised higher by the National Hurricane Center.
Florida’s west coast can expect a maximum of 10-15 feet in some areas, according to the NHC. Milton poses an “extremely serious” threat, the NHC said.
Winds are now clocking in at 180 mph, the NHC reported.
Helene debris removal will continue until Milton’s winds reach tropical storm strength
The removal of debris from Hurricane Helene will continue until Hurricane Milton’s winds reach tropical storm strength in Florida, Gov. Ron DeSantis said, noting that 663 total truckloads of debris have already removed.
Schools in at least 20 counties will be closed on Tuesday and many more will be closed on Wednesday as Hurricane Milton moves in.
There’s no fuel shortage in Florida, DeSantis said. Some gas stations have run out of fuel, but more is coming, he said.
-ABC News’ Darren Reynolds
Latest forecast
Milton, currently a Category 5 hurricane with 175 mph winds, is located about 700 miles southwest of Tampa.
Hurricane Milton strengthened from a Category 1 hurricane to a Category 5 hurricane in just 10 hours.
Milton now ranks as the third-greatest 24-hour hurricane intensification by wind speed in the Atlantic Basin. (Records are based on data since the satellite-er began in the 1960s.) The only other hurricanes to intensify faster were Wilma in 2005 and Felix in 2007.
Milton is expected to remain a powerful Category 5 hurricane through Tuesday.
It’s forecast to weaken to a Category 3 on Wednesday before making landfall on Florida’s Gulf Coast late Wednesday or early Thursday.
Hurricane watches are in effect in Tampa, Sarasota, Fort Myers, Naples and Orlando.
Storm surge will be one of the biggest threats from Milton.
Hurricane Helene just brought a record 6 to 8 feet of storm surge to the Tampa Bay area, and Hurricane Milton is now forecast to smash that record with 8 to 12 feet of storm surge. Fort Myers could see 5 to 10 feet and Naples could get 4 to 7 feet of storm surge.
Milton will also bring very heavy rain, adding to the rainfall a separate system is dumping on Florida now.
A widespread 5 to 10 inches of rain is possible by the end of the week, with local amounts up to 15 inches, which could cause considerable urban and river flooding.
-ABC News’ Melissa Griffin
DeSantis refuses call from Harris ahead of Hurricane Milton
Florida Gov. Ron DeSantis has refused to take a call from Vice President Kamala Harris about Hurricane Milton because his team believes the call is politically motivated, according to a source close to the governor.
DeSantis staffers also said the governor has not spoken to President Joe Biden in at least the last few days.
The governor did speak with FEMA Administrator Deanne Criswell on Sunday, and federal officials are continuing to work with state emergency managers to prepare for Hurricane Milton’s landfall.
DeSantis’ refusal to take Harris’ call was first reported by NBC News.
-ABC News’ Will McDuffie and Jay O’Brien
Disney World remains open
Walt Disney World Resort is currently open and operating as normal.
“We are closely monitoring the path of the projected storm as we continue to prioritize the safety of our Guests and Cast Members,” the resort said on its website.
Disney is the parent company of ABC News.
-ABC News’ Yi-Jin Yu
Counties issue mandatory evacuation orders
Mandatory evacuation orders have been issued in parts of counties along Florida’s west coast, including in Charlotte, Citrus, Hillsborough, Lee and Manatee.
“If you live in a storm surge evacuation zone and you’re asked to leave by your local officials, please do that,” Michael Brennan, the director of NOAA’s national hurricane center, told ABC News Live on Sunday. “You don’t have to drive hundreds of miles to get to a safe place, often just tens of miles to get inland, out of that evacuation zone, to a shelter, a friend or loved one’s home.”
Brennan also urged Floridians to prepare a disaster kit with several days’ worth of nonperishable food, water, medicine and batteries.
Milton strengthens to Category 5 hurricane
Milton rapidly intensified to a Category 5 hurricane late Monday morning.
Within hours, Milton strengthened to a Category 2, then a Category 3, then a Category 4 and finally a Category 5.
University of Florida cancels classes
The University of Florida is canceling classes on Wednesday and Thursday due to Hurricane Milton. The school plans to reopen on Friday morning, officials said.
Biden approves Florida emergency declaration
President Joe Biden has approved an emergency declaration for Florida to allow federal assistance to begin supplementing local efforts ahead of Hurricane Milton.
-ABC News’ Justin Ryan Gomez
Milton expected to strengthen to Category 5 hurricane
Milton — currently a high-end Category 4 hurricane with 155 mph winds — is forecast to strengthen in a few hours to a Category 5 hurricane with 160 mph winds.
The storm will then weaken slightly as it approaches Florida on Wednesday night.
Milton is forecast to make landfall Wednesday night into Thursday morning as a Category 3 hurricane with 125 mph winds.
Counties issue evacuation orders
Evacuation orders have been issued in counties along Florida’s west coast, including Charlotte, Hillsborough, Manatee, Pasco, Pinellas and Sarasota.
DeSantis: ‘Time is going to start running out very, very soon’
Fifty-one out of Florida’s 67 counties are under a state of emergency as the state braces for Hurricane Milton, Florida Gov. Ron DeSantis said Monday.
The governor urged residents to pay attention to evacuation orders.
“Time is going to start running out very, very soon,” he warned.
“Please, if you’re in the Tampa Bay area, you need to evacuate,” Kevin Guthrie, executive director of Florida Emergency Management, urged at a news conference.
“Drowning deaths due to storm surge are 100% preventable if you leave.”
Waste removal trucks are urgently trying to get debris from Hurricane Helene off the streets of coastal communities before Milton hits.
DeSantis said debris will continue to be cleared until it’s no longer safe to do so.
Nearly 500 truckloads of debris from the barrier islands and Pinellas County have been moved to debris landfills in the last 24 hours, he said.
St. Pete-Clearwater, Tampa airports to close
The St. Pete-Clearwater International Airport, just outside of Tampa, Florida, will close at 12:30 p.m. Tuesday and stay shut on Wednesday and Thursday.
“The airport is in a mandatory evacuation zone and is not a public shelter,” airport officials tweeted. “Prepare and stay safe.”
Tampa International Airport will suspend operations beginning at 9 a.m. Tuesday and stay closed “until it can assess any damage after the storm,” airport officials said.
Milton strengthens to Category 4
Milton rapidly intensified to a Category 4 hurricane with 150 mph winds Monday morning.
Within hours, Milton strengthened to a Category 2, then a Category 3 and then a Category 4.
Latest forecast: Landfall expected Wednesday night
Hurricane Milton is forecast to make landfall Wednesday night or early Thursday morning as a Category 3 hurricane. Landfall is expected anywhere between just north of Tampa to south of Sarasota.
A record-breaking storm surge of 8 to 12 feet is forecast for the storm surge-prone city of Tampa. This comes just after Hurricane Helene brought a record storm surge of 6 to 8 feet to Tampa Bay.
A hurricane watch was issued for Tampa Bay and Fort Myers, while a tropical storm watch is in effect from Apalachicola to Key West.
Water inundation from Fort Myers to Tampa could be higher than the record-breaking 7 feet recorded during Helene.
Flooding is also a threat since a separate storm has dumped rain on Florida for the last several days.
Milton strengthens to Category 3
Hurricane Milton early on Monday strengthened to a major Category 3 hurricane, with wind speeds of about 120 mph, the National Hurricane Center said.
Milton strengthens to Category 2 hurricane
Hurricane Milton strengthened rapidly early Monday, with wind speeds climbing to 100 mph, making it a Category 2 hurricane, the National Hurricane Center said.
A hurricane watch was issued for the area around Tampa Bay, along Florida’s western coast.
The storm, which is in the Gulf of Mexico, is forecast to become a major hurricane on Monday, meaning its winds are expected to reach or exceed 111 mph.
Landfall is expected on Wednesday night, with the storm expected to be a Category 3 storm with winds of about 125 mph.
-ABC News’ Max Golembo
Milton forecast to be major hurricane
Hurricane Milton, which strengthened on Sunday into a Category 1 storm, is forecast to make landfall as a “major” hurricane on Florida’s west coast this week, the National Hurricane Center said.
“While it is too soon to specify the exact magnitude and location of the greatest impacts, there is an increasing risk of life-threatening storm surge and damaging winds for portions of the west coast of the Florida Peninsula beginning early Wednesday,” the center said in a late Sunday advisory.
