Former sheriff Chris Eaton will be allowed to remain free during the appeal process in federal court.
Eaton was convicted in May of two counts of witness tampering in relation to an alleged cover-up relating to whether excessive force was used in the apprehension of Billy Randall Stinnett in February 2010.
He was sentenced in August to 18 months in federal prison, with two years of supervised release to follow, but he was allowed to voluntarily report later. The deadline for him to report to what was decided would be an out-of-state prison was Sept. 30.
Eaton's attorney, J. Guthrie True, filed notice after the sentencing that he plans to appeal the case in the Sixth Circuit Court of Appeals and filed a motion and supporting arguments requesting Eaton remain free while the appeal is pending. U.S. government prosecutors Sanjay Patel and Roy Conn III argued against it in their response document, and True had replied to that response earlier this week.
Joseph H. McKinley Jr., chief judge of U.S. District Court in the Western District of Kentucky, noted that Eaton could serve a significant portion of his sentence before a decision is reached on the appeal, which could be in his favor.
The judge issued an order Friday granting the request, and Eaton is to remain released on bond.