Nickolus Johnson, the man convicted of killing a Sullivan County deputy nearly two decades ago, remains on death row as his legal appeals continue to move through the courts.
Johnson was found guilty in 2007 of first-degree murder in the shooting death of Deputy Mark Vance, an officer with the Sullivan County Sheriff’s Office who was killed while responding to a domestic disturbance in November 2004.
A jury sentenced Johnson to death, and he has been pursuing appeals ever since, according to 2nd Judicial District Attorney Barry Staubus.
Staubus, who prosecuted the case, said Johnson has filed multiple appeals in state courts. His direct appeal and initial post-conviction petitions were denied by both the Tennessee Court of Criminal Appeals and the state Supreme Court.
In 2021, Johnson’s petition for post-conviction relief, arguing he had ineffective legal counsel, was denied in Sullivan County Criminal Court. That denial was upheld by the state Court of Criminal Appeals in 2024. The case now heads to the Tennessee Supreme Court for review.
“If he loses there, then I would expect him to continue in federal courts,†Staubus said. “Even though this crime occurred in 2004, I expect his appeals will go on for several more years.â€
Staubus emphasized that Johnson is still far from any potential execution date, as requests for clemency or stays of execution only come after all appeals have been exhausted.
“Right now, he’s still in the appeals process,†he said.
According to the Tennessee Department of Correction, Johnson is housed at Riverbend Maximum Security Institution in Nashville.
Staubus said the prolonged nature of capital punishment cases often causes anguish for the victims’ families.
“It’s particularly difficult for the family of Mark Vance,†he said. “Here it is, 2025, and the case is still being appealed. And it’s not going to be over anytime soon.â€
Sullivan County has sought the death penalty in a handful of cases, including Johnson’s. Staubus cited two others, including Bobby Godsey and Steven James Rollins, where juries issued death sentences, though those convictions were later overturned by higher courts.
Another case, Leonard Smith, resulted in three death sentences before ultimately ending in a plea deal for two life terms.
In many cases, death sentences are reversed due to claims of ineffective counsel, new evidence or legal errors during trial.
“The most common argument is that the lawyer did not effectively represent them, so therefore they should not receive the death penalty or should receive a new trial,†Staubus said.
Asked about the ongoing statewide debate over execution methods, Staubus said he supports reforming the process.
“If Tennessee is going to have the death penalty, then there ought to be a streamlined, more efficient way of carrying it out,†he said. “It shouldn’t take 20 or 25 years. That kind of delay undermines confidence in the legal system.â€
According to the Tennessee Department of Correction, Johnson remains one of 43 individuals on death row in the state.
