MEMPHIS, Tenn. — One of the three former Memphis Police Department officers convicted on federal charges in the death of Tyre Nichols is once again asking the court to release him from custody until his sentencing.
During a court hearing on Oct. 7, 2024, a federal judge revoked bond and ordered Demetrius Haley to remain in federal custody until sentencing on Jan. 22, 2025. Haley's attorneys filed an appeal of the judge’s decision on Oct. 10, according to court records.
The appeal claims that the magistrate was wrong in concluding that Haley “was convicted of a crime of violence and subject to mandatory detention pending sentencing.” They argue that the language of “crime of violence” does not apply due to the lesser charges of which Haley was convicted. The lawyers want Haley's bond reinstated.
Haley was convicted on the 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.
Two other officers - Tadarrius Bean and Justin Smith - were allowed to be on supervised release until the final sentencing in January. Bean and Smith were only found guilty on one count - count four - which was obstruction. Their previous bond conditions were reinstated, meaning the two former officers cannot contact their fellow defendants, nor the family of the victim.
During the Oct. 7 hearing, prosecutors said the family 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 hoped Bean, Haley and Smith receive the max sentencing in January.
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 originally 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.
The officers were convicted in a split decision Thursday, Oct. 3, after jurors deliberated for roughly six and a half hours.
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.
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.