MEMPHIS, Tenn. (AP) — Two former Memphis police officers convicted of obstruction of justice in the fatal beating of Tyre Nichols will be released from jail ahead of sentencing in January, but a third who was found guilty of more serious civil rights violations will remain in custody, a federal judge ruled Monday.
Tadarrius Bean and Justin Smith will be on home detention with GPS monitoring until sentencing, while Demetrius Haley will stay in jail, Magistrate Judge Charmiane Claxton said during a hearing in federal court.
U.S. District Judge Mark Norris ordered all three men to be taken into custody after they were found guilty last week in the beating of Nichols in January 2023. The three, along with Emmitt Martin and Desmond Mills Jr., were part of a crime suppression team that pulled the 29-year-old Nichols over after a traffic stop — and then punched, kicked and hit him with a baton after he ran away from them.
Nichols’ mother, RowVaughn Wells, and his stepfather Rodney Wells, had opposed the release of any of the officers. When asked about Claxton’s decision, Rodney Wells told The Associated Press, “We’re fine.”
After a nearly monthlong trial, Haley was convicted of all four charges faced by the officers: Violating Nichols’ civil rights by causing bodily harm through excessive force and by showing “deliberate indifference” to his serious medical needs, conspiracy to witness tamper, and obstruction of justice through witness tampering.
The jury watched police video of the five officers hitting Nichols, who died at a hospital on Jan. 10, 2023, three days after the beating. Mills and Martin pleaded guilty ahead of trial, and they testified for prosecutors. Their sentences are pending.
Bean and Smith were acquitted on the more serious charges related to the civil rights violations, and of conspiracy to tamper with witness testimony. They were convicted of obstruction of justice through witness tampering.
Bean, Haley and Smith face up to 20 years in prison on the obstruction of justice convictions. Haley faces up to 10 years in prison on the civil rights violations.
Prosecutors argued the three officers failed to tell their supervisor and medical personnel about the amount of force they used against Nichols. The officers also lied on forms that required them to disclose the amount of force they used against Nichols.
The officers had been free on bond as they awaited trial, and they did not violate any conditions of their release, defense attorneys said.
Claxton ruled that Haley must remain in custody because he committed civil rights violations that carried at least a “substantial risk” of the use of physical violence. Defense attorney Michael Stengel unsuccessfully argued that the violations were not crimes of violence. Haley has the right to appeal the detention order.
Claxton said Bean and Smith did not present a risk of flight or danger to the community. Home detention comes with certain conditions, including that they be allowed to leave home for work, school, religious services and medical appointments, the judge said.
Smith’s mother, Regina Smith Ingram, said Smith lives with his wife and 2-year-old son. She said Smith takes care of his son while his wife works from home, and they have a stable home environment.
Bean’s lawyer, John Keith Perry, said Bean would not have been taken into custody were it not for extensive media coverage. Perry added that he has not given media outlets any interviews about the case.
“He was found guilty of one count, that’s it,” Perry said of Bean. “We’ve done everything we could to respect this process.”
Nichols, who was Black, had run from a traffic stop despite being hit with pepper spray and a Taser. The five officers — who also are Black — were fired, then indicted, in the beating death that sparked national protests and calls for broad changes in policing.
After officers caught up to Nichols, police body cameras and a security camera captured officers pummeling Nichols in a struggle just steps from his home, as he cried out for his mother.
The video shows the officers milling about, talking and laughing as Nichols struggles with his injuries. An autopsy report shows he died from blows to the head. The report describes brain injuries, and cuts and bruises on his head and other areas.
The five officers also have been charged with second-degree murder in state court, where they pleaded not guilty. Mills and Martin are expected to change their pleas. A trial date has not been set.