Two of three officers convicted in Tyre Nichols case granted release ahead of sentencing
Two of the three officers convicted in the Tyre Nichols federal criminal case will be released from federal custody pending sentencing in January, a U.S. magistrate judge ruled Monday afternoon.
Tadarrius Bean and Justin Smith Jr., two former Memphis police officers, were convicted of obstructing justice through witness tampering on Oct. 3 in relation to Tyre Nichols' fatal beating in Jan. 2023.
Magistrate Judge Charmiane Claxton, in addition to maintaining the same bond conditions the two men had before trial began, added home arrest with GPS monitoring to their conditions.
It was not clear in court Monday when the two would be released from custody at the Shelby County Corrections Department — commonly referred to as the Penal Farm — but they were instructed to be fitted with ankle monitoring devices within 24 hours of release.
"If you can't wear it, then you can come back into custody," Claxton said Monday.
Demetrius Haley, another former officer who was convicted last week, was not granted release. Haley was convicted on all counts — using excessive force, being deliberately indifferent to Nichols' medical needs, conspiring to cover up the beating and obstruction through witness tampering — but was convicted of lesser charges that said the excessive force and deliberate indifference resulted in injury to Nichols, not death.
Bean, Haley and Smith each wore light blue jumpsuits in their court appearance. It was the first time since being indicted that the men were not in suits and collared shirts when coming to court.
Nichols' parents, RowVaughn and Rodney Wells, both opposed the trio's release. They did not testify on behalf of the government Monday, but prosecutors told Claxton of the family's opposition.
Smith's mother and wife testified on his behalf at court, saying that he had ties to the community and would not be a flight risk pending his sentencing. Bean's attorney argued the same and Claxton was favorable to both arguments.
Haley's attorney, however, argued that his excessive force conviction did not count as a "crime of violence." Claxton was not swayed by that argument and quickly denied the request for release.
Bean, Haley and Smith were each convicted following a nearly four-week-long trial. The jury deliberated for about five hours before they notified Judge Mark S. Norris that they had come to a unanimous decision.
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Norris, following the convictions, called for each of the defendants to be taken into custody pending Monday's hearing. Nichols' family, later Thursday, said they were happy with the decision to keep the former officers behind bars ahead of sentencing.
Sentencing is scheduled for Jan. 22.
This article originally appeared on Memphis Commercial Appeal: Tyre Nichols convictions: Two ex-cops released before sentencing