(Memphis) Brandon Berry didn’t say much in court Friday.
But the former Memphis police officer will be back September 29th, to face a judge and a jury.
Berry is going to trial, accused of abusing his power as an officer of the law; coercing a man to have sex with him instead of taking that man to jail.
Attorneys were supposed to reach a plea Friday, but they couldn’t come to agreement.
“It's very disappointing, but justice works in strange ways,” said defense attorney Steve Farese.
A man says Berry pulled him over one night last January on an outstanding warrant.
He believes Berry targeted him because he was a fugitive.
Weeks after, the alleged victim told WREG that night that will haunt him forever.
“I did it for a second, but said 'I can't do this man. This ain't me. I don't feeling this man,'" he said. "He just sat there and just masturbated himself in the police car and I thought 'Man! This is crazy! I can't believe this is actually happening."
Farese thinks Berry will get a fair trial, even though some Memphians are very open about not trusting police.
"Juries can understand they are human beings too. Sometimes they make mistakes; the mistakes may not be criminal."
“Did your client make a mistake last January?” asked WREG’s Elise Preston.
“That will be up to the jury to decide," Farese.
Berry was arrested six months after the alleged misconduct happened.
The former officer was later resigned, this isn’t the first time he's been accused by people of similar things.