The man convicted of gunning down Bristol, Tennessee Police Officer Mark Vance wants a new trial. Attorneys for Nickolus Johnson officially made the request in a Sullivan County courtroom Thursday. Johnson shot and killed Officer Vance during a domestic disturbance in November 2004. A Sullivan County jury convicted him of murder and sentenced him to death in 2007.
According to the motion filed by Johnson's attorneys, Judge Jerry Beck made more than 20 errors during Johnson's trial and subsequent sentencing. Among those supposed mistakes: the judge's denial of a change of venue request, his failure to order an adequate competency evaluation, and his denial of a motion to dismiss the death penalty sentence.
Despite reviewing the motion before Thursday's hearing, Judge Beck said he was still not ready to rule on Johnson's request just yet.
"I'm not going to attempt to rule from the bench today," Beck said. "I want to spend some time with it. It's a high due process standard we deal with, so I'll take adequate time. It may take a while."
According to Beck, a decision could still be anywhere from 30 to 60 days away. Although the Sullivan County District Attorney's Office expected a ruling Thursday, a confident 2nd District Attorney General Greeley Wells seemed willing to wait.
"The issues that were raised in the motion are issues that have already previously been ruled on by our appellate courts over the last 20 years and I really think that the answer has already been decided to most of the questions," Wells said. "Those that our appellate courts have not answered at this point, I feel probably will be ruled on to our benefit."
Until Judge Beck decides otherwise, Johnson will remain in a Nashville prison on death row.
"This is the beginning of the appeals process," Wells said. "I do think he will remain on death row for the immediate future."
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