One of the people accused in the beating death of Calgarian John Herrera-Garcia in May has been granted bail.

The court ruled keeping Garrett Elliot Smith in custody would violate the principle of presumed innocence.

The Calgary Sun reports the judge made note Smith had followed his bail conditions for two-and-a-half months before being taken into custody for the beating.

Chantelle Campbell and Jarod Henry are also charged with second degree murder in Herrera-Garcia’s death.

The man was brutally attacked May 23 in the Beltline, while on his way home with groceries. He later died in hospital.