The two former Memphis police officers convicted of obstruction of justice in the fatal beating of Tyre Nichols will be released from jail ahead of their sentencing in January. However, a third officer who was found guilty of more serious civil rights violations will remain in custody, according to a federal judge’s ruling on Monday. Tadarrius Bean and Justin Smith will be on home detention with GPS monitoring until sentencing, while Demetrius Haley will remain in jail. The three officers, along with Emmitt Martin and Desmond Mills Jr., were part of a crime suppression team that pulled Nichols over after a traffic stop before physically assaulting him.
Nichols’ mother and stepfather had opposed the release of any of the officers, but accepted the judge’s decision. Haley was convicted of all charges, including violating Nichols’ civil rights through excessive force and deliberate indifference to his medical needs, conspiracy to witness tamper, and obstruction of justice. The jury watched police video showing the officers hitting Nichols, who died in the hospital three days after the beating. Mills and Martin pleaded guilty before trial and testified for prosecutors, with their sentences pending.
Bean and Smith were acquitted of the more serious charges related to civil rights violations and conspiracy to tamper with witness testimony. They were convicted of obstruction of justice through witness tampering. The officers face up to 20 years in prison on the obstruction of justice convictions, while Haley faces up to 10 years for the civil rights violations. Prosecutors argued that the officers failed to disclose the excessive force used against Nichols to their supervisor and medical personnel, and lied on forms about the force used.
The judge ruled that Haley must remain in custody due to the substantial risk of physical violence in his civil rights violations. Bean and Smith were deemed not to present a risk of flight or danger to the community and were placed on home detention with specific conditions. The officers have been free on bond until now, and their defense attorneys argued that they had complied with all conditions of their release. Nichols, a Black man, had run from a traffic stop despite being hit with pepper spray and a Taser, prompting a national outcry against police brutality and calls for policing reforms.
The video footage of the beating shows the officers assaulting Nichols just steps away from his home, with Nichols crying out for his mother as they continue to beat him. An autopsy report revealed brain injuries and cuts and bruises on his head and other areas, leading to his death. The officers, all of whom are Black, were fired and then indicted in the beating death, which led to protests and demands for changes in policing. The officers have also been charged with second-degree murder in state court, with Mills and Martin expected to change their pleas.
