None of the five former Memphis police officers charged in the death of Tyre Nichols has been sentenced to prison as of mid-2026, and public court records do not confirm whether any of them are currently being held in jail. Two pleaded guilty and are waiting to be sentenced. Three were convicted at a federal trial, had those convictions thrown out, and are waiting on a retrial. The same three were acquitted of all charges in state court. So the short answer to whether the Memphis police officers are in jail is: no one is serving a prison sentence, and their day-to-day custody status is not something the public record currently makes clear.
Where Each Officer Stands
Five former members of the Memphis Police Department’s SCORPION unit were charged after Nichols was beaten following a January 2023 traffic stop. All five faced federal civil rights charges. Three also faced state murder charges. Here is the current posture of each case.
- Tadarrius Bean. Convicted of federal witness tampering in October 2024. That conviction was vacated in August 2025 when a new trial was ordered. Acquitted of all state charges. Awaiting federal retrial.
- Demetrius Haley. Convicted in October 2024 of federal civil rights violations causing bodily injury and of witness tampering. Both convictions were vacated. Acquitted of all state charges. Awaiting federal retrial.
- Justin Smith. Convicted of federal witness tampering in October 2024, conviction vacated. Acquitted of all state charges. Awaiting federal retrial.
- Desmond Mills Jr. Pleaded guilty in November 2023 to federal civil rights and conspiracy charges. Prosecutors have recommended 15 years. Not yet sentenced.
- Emmitt Martin III. Pleaded guilty to federal civil rights and conspiracy charges. Prosecutors are seeking 40 years. Not yet sentenced.1U.S. Department of Justice. Second Former Memphis Police Officer Pleads Guilty to Federal Civil Rights and Conspiracy
Whether any of the five is currently detained or free on bond conditions is not confirmed in the available public filings. Defendants whose convictions are vacated often seek release on bond, but that has not been publicly resolved for Bean, Haley, or Smith. The custody status of Mills and Martin while they wait for sentencing is likewise unclear.
Why No One Has Been Sentenced
The federal case produced convictions in October 2024, and the trial judge ordered Bean, Haley, and Smith taken into custody after the verdict. The path to sentencing then collapsed.
In June 2025, U.S. District Judge Mark Norris recused himself. Court filings showed that Norris had told prosecutors he believed at least one of the defendants was a gang member and that the gang was responsible for a shooting that targeted his law clerk. He reportedly said the clerk had been seen by one or more defendants during the trial and that the Memphis Police Department was “infiltrated to the top with gang members.”
Defense attorneys argued the comments showed disqualifying bias. U.S. District Judge Sheryl H. Lipman reviewed the record and concluded that although Norris’s trial rulings had been “sound, fair, and grounded firmly in the law,” the risk of bias was “too high to be constitutionally tolerable.” In August 2025 she vacated the convictions and ordered a new trial for all three officers. Prosecutors were given until September 15 to say which charges they intended to retry.
The same disruption froze the sentencing calendar for Mills and Martin. Both pleaded guilty, both admitted using excessive force and helping cover up what happened, and both are waiting for a judge to be assigned and a date to be set. As of the most recent public reporting, that had not occurred.
The State Case Ended in Acquittal
Shelby County prosecutors brought a separate case against Bean, Haley, and Smith, charging them with second-degree murder, aggravated kidnapping, and other offenses. Second-degree murder is a Class A felony in Tennessee, carrying 15 to 60 years depending on the defendant’s criminal history.2FindLaw. Tennessee Code Title 39 Criminal Offenses 39-13-210 Aggravated kidnapping covers situations involving serious bodily injury or intent to terrorize the victim.3Justia. Tennessee Code 39-13-304 – Aggravated Kidnapping
A state jury found all three officers not guilty on every charge.4Shelby County District Attorney’s Office. Shelby County District Attorneys Office Responds to Verdicts in Tyre Nichols Case That ended their state exposure. Mills and Martin were not tried at the state level; their federal guilty pleas resolved their part of the case.
What’s Still Coming
Two things remain unresolved on the criminal side: the federal retrial of Bean, Haley, and Smith, and the sentencings of Mills and Martin.
Federal prosecutors charged the officers under 18 U.S.C. § 242, which makes it a crime for someone acting in an official capacity to violate another person’s constitutional rights, and which allows up to life in prison when death results.5Office of the Law Revision Counsel. 18 U.S. Code 242 – Deprivation of Rights Under Color of Law The indictment also included conspiracy under 18 U.S.C. § 241 and witness tampering under 18 U.S.C. § 1512. Witness tampering carries up to 20 years per count.6Office of the Law Revision Counsel. 18 U.S. Code 1512 – Tampering With a Witness, Victim, or an Informant The original jury acquitted Bean and Smith of all civil rights charges and acquitted Haley of civil rights violations causing death, so the exposure at retrial depends on which counts prosecutors choose to pursue. No retrial date has been publicly announced.
For Mills and Martin, the prosecutors’ recommendations are 15 and 40 years, respectively. Federal judges are not bound by those recommendations and weigh the sentencing guidelines, the severity of the offense, and the defendant’s cooperation. Until a sentencing judge is assigned and a hearing is held, neither man has begun serving a prison sentence.
If the retrial ends the same way the state case did, Bean, Haley, and Smith will walk away without any criminal conviction stemming from Nichols’s death. If it ends in conviction, sentences could reach into the decades because federal counts can run consecutively. Both outcomes are on the table, and neither has arrived.