INDIANAPOLIS (AP) — A federal judge rejected a plea agreement Wednesday for a former Muncie police officer accused of trying to cover up another officer's use of excessive force, setting the stage for his third trial in the case.

Corey Posey had agreed to plead guilty to one count of obstruction of justice under a plea deal that called for one year of probation and three months of home detention.

But U.S. District Court Judge Tanya Walton Pratt said Wednesday during Posey's change of plea hearing that she had reviewed similar cases and found a “disparity” among defendants in those cases, WXIN-TV reported.

She told Posey she would sentence him to 10 months in prison if he pleaded guilty in open court. After considering that for a few minutes, Posey opted not to enter a guilty plea. Walton Pratt then set a tentative April trial date and told Posey's attorneys and prosecutors to confer and come up with an “appropriate trial date.”

Posey, who was indicted in April 2021, was tried twice last year but both trials ended in mistrials when juries were unable to reach unanimous verdicts.

He is accused of falsifying a report describing the events of Aug. 9, 2018, when now-former officer Chase Winkle battered an arrestee. Winkle pleaded guilty last year to 11 charges stemming from attacks on arrestees in 2018 and 2019 and was sentenced to 10 years in federal prison, The Star Press reported.

Three other former Muncie officers were also accused of either police brutality or attempting to cover it up. They pleaded guilty to various charges and received prison sentences ranging from six to 19 months.