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Judge rules for one officer to remain in custody from Tyre Nichols trial, two on supervised release

Demetrius Haley will remain in custody, while Justin Smith and Tadarrius Bean have been released on supervision until sentencing.

MEMPHIS, Tenn. — One of the three convicted former Memphis Police Department officers will remain in custody until the Jan. 22, 2025 sentencing.

Demetrius Haley will remain in federal custody, while Tadarrius Bean and Justin Smith were allowed to be on supervised release until final sentencing early next year, a federal judge ruled Monday.

Haley's lawyer stated during the hearing he would appeal to a higher court for Haley's potential release. Bean and Smith previous bond conditions were reinstated, meaning the two former officers cannot contact their fellow defendants, nor the family of the victim.

The family of Tyre Nichols was also present at Monday's hearing. Up until the decision, the prosecutors had said the family had wanted to see all three officers remain in custody. After the decision, ABC24 caught up with RowVaughn Wells, Tyre's mother, who said the family respected the judge's decision, and hopes Bean, Haley and Smith receive the max sentencing in January.

“It’s just been a lot, and so for it to be over just a little bit, just to have a breather, it’s well deserved," said Wells.

The three officers were convicted Thursday, Oct. 3, after jurors deliberated for roughly six and a half hours.

Haley was found guilty on the most counts by jurors, lesser charges of deliberate indifference and deprivation of rights resulting in bodily injury for counts one and two. Haley was also found guilty of counts three and four - conspiracy to commit obstruction and obstruction. 

Bean and Smith were only found guilty on one count - count four - which was obstruction. 

The three former MPD officers were charged in Tyre Nichols death, and were on trial for nearly four weeks. Nichols had been stopped by the former SCORPION unit members on Jan. 7, 2023 and died three days later at St. Francis Hospital.

The officers had been charged with deprivation of rights under the color of law through excessive force and failure to intervene, and through deliberate indifference; conspiracy to witness tampering; and obstruction of justice through witness tampering.

All had been taken into custody by U.S. Marshals despite attorneys protests after jurors read their verdict.

Two other officers, Desmond Mills and Emmitt Martin III, pleaded guilty in the case and testified during the trial. Those officers remain out of custody.

Besides sentencing, the officers are still set to stand trial in the state case, in which they are charged with a host of offenses, including second-degree murder.

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