Former MPD officer will plead guilty in hopes of avoiding jail - wistv.com - Columbia, South Carolina |

Officer accused of exchanging sex for freedom plans to plead guilty

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Brandon Berry resigned from the force after his June 2013 indictment and arrest on an official misconduct charge, accused of trading sexual favors in exchange for not taking a man with an outstanding warrant to jail. Brandon Berry resigned from the force after his June 2013 indictment and arrest on an official misconduct charge, accused of trading sexual favors in exchange for not taking a man with an outstanding warrant to jail.
MEMPHIS, TN -

(WMC-TV) - A former Memphis police officer accused of not taking a man to jail in exchanged for sexual favors plans to plead guilty, but he wants the judge to keep him out of prison.

The charge is a class E felony, punishable by serving between one and six years in prison, but Brandon Berry hopes to avoid a trial and maybe even prison, too.

Berry was a Memphis Police Officer before he was arrested in June 2013 and indicted on an official misconduct charge.

"He resigned his position with the police department," said Berry's defense attorney, Steve Farese. "He's been very remorseful and appropriate. And he's ready to get this behind him."

In January 2012, Berry encountered a man with an outstanding warrant, but prosecutors say the man was forced to perform a sex act on Berry in order to avoid arrest.

Berry's case was due for a plea deal Wednesday morning, but the hearing was reset because the prosecutor had a last minute, unexpected scheduling conflict.

Farese expects a conclusion next time and hopes his client will avoid jail.

"We will be asking the judge for judicial diversion," he explained. "It would be up to the judge to make that decision as in any case ... It's in the judge's hand and the judge will treat it appropriately."

Brandon Berry's case goes back to court on February 7, at which point he is expected to plead and learn his sentence.

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