Police Chief pleads guilty

Wednesday, March 8, 2006

Police Chief Tom Berry pleaded guilty to driving under the influence and was sentenced to the mandatory minimums for a first-time DUI offender on Friday at the Elmore County Courthouse.

Judge David Epis handed down the disposition, which was entered as a withheld judgement, as requested by Berry's attorney, Rob S. Lewis.

Berry pleaded guilty to driving under the influence (with a BAC of 0.2 or lower) in exchange for the withheld sentence but said he intended to plead guilty from the very beginning.

"It has always been my intent to come before this court and plead guilty," he said. "I will not offer an excuse because there isn't one."

Acting as special prosecutor in the case, Gem County Deputy Prosecutor Richard K. Linville said that although Berry had a BAC of 0.18 at the time of his arrest, he did not believe this warranted extra punishment.

"All of us are considered equal under the eyes of the law," he told the judge.

The prosecution also asked to waive the mandatory five days in jail (two in custody) due to a conflict of interest, but instead would be required to complete a community service requirement equal to 20 hours for each day of jail time waived. Epis granted the request and declared that Berry did not have to spend any time in custody but did raise the total number of days he would have to complete from five to seven. That meant Berry will be required to complete 140 hours in lieu of the jail time.

"Frankly, the court would welcome community service," he said.

Defense Attorney Lewis subsequently requested a period of unsupervised probation ranging from six months to one year.

Epis instead ordered Berry to remain on one year's supervised probation to ensure that he continues the counseling he began on Dec. 15.

Berry was also fined $600 and his driver's license was suspended for 180 days. He will retain a restricted permit for work-related driving privileges.

Lewis gave a lengthy speech to the court in which he spoke about Berry's character and dedicated service to this community.

"Tom Berry has been in law enforcement for 32 years, 23 of which have been in service to Elmore County," he said. "He has been police chief since 1993 and over that period of time has made a lasting impression.

"Before this incident I didn't know Tom personally but in the past couple of months I have been contacted by a number of law enforcement officials, all of whom had good things to say. I was also informed that the mayor has received approximately 130 letters from people in the community that support Tom," he added.

Lewis also touched on the fact that Berry never once tried to use his position to improve his situation and had a clean driving and criminal record prior to this charge.

"He was polite with the arresting officer and conceded the fact that he was intoxicated," he said. "In addition, he is currently undergoing therapy for various reasons and will continue to do so."

"Your Honor, he is human, he made a mistake," Lewis said. "But he is also a person of very high morals and we ask you to remember this when making your decision."

Before sentencing was handed down Berry had the opportunity to address the court himself.

"First of all, I would like to apologize to the court and the prosecutor for taking up their time here today," he said.

"To say that I stand before you and this court ashamed would be an understatement. I have learned a lot from this incident, several positive things have come from it as far as recognizing problems that I have to deal with on a personal level."

He finished his remarks by taking full responsibility for his actions and his intent to win back the trust of those whom he let down.

"I would simply like the opportunity to continue to work for all of those wonderful people, friends and family alike, who supported me during this entire process," he said. "I have always honored the decisions of this court and I will do so in this case as well."

Epis then addressed Berry before sentencing him, saying that he also believes good people make mistakes.

"I see good people in this courtroom showing support for you," he said, referring to, among others, Mayor Joe B. McNeal and City Council Member Tom Rist. "What's important to me is how people deal with their mistakes and it appears to me that you do indeed have remorse for your mistakes and are willing to learn from them."

Upon contact, Berry confirmed that he has been disciplined by the city but said all details should be obtained from the mayor's office. As of press time, the mayor's office was preparing a statement for Wednesday morning regarding its disciplinary actions involving Berry.

"All I can say at this time is that I would like to thank everyone who supported me and I look forward to earning back their trust," he said.

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