ELKHART, Ind. (AP) — An Elkhart police officer charged with battery of a suspect is asking for his case to be moved to another county so he can receive a fair trial.

Joshua Titus asked Elkhart Superior Judge Charles Wicks to move his trial to Noble County. Court records show that Wicks said at a Friday hearing that he would grant the change of venue if the defense and prosecutors can’t find an impartial jury this spring. The two sides are to select a jury in April with a trial scheduled for late May.

Titus and officer Cory Newland were charged with misdemeanor battery after a video showed them repeatedly punching a handcuffed man after the man spit at one of the officers.

Newland and Titus were placed on administrative leave in November and have pleaded not guilty.