DOVER, NH : A Somersworth man accused in a fatal crash on May, Monday 1st 2017

A Somersworth man accused in a fatal crash pleaded guilty Monday to a misdemeanor charge of vehicular assault and received a 12-month suspended sentence.

David Berry, 58, was originally charged with negligent homicide and aggravated DUI in the August 2015 crash that claimed the life of Reed Hindle, 61, of Fremont.

At a hearing in Strafford Superior Court Berry showed little emotion as friends and family members of the victim took the opportunity to speak before Judge Steven Houran accepted the plea deal and issued a sentence to the lesser charge.

According to Assistant County Attorney Lauren Di Giovanni, the original A-felony of negligent homicide was dropped and the B-felony was reduced to a misdemeanor after the judge ruled against the prosecution, throwing out their strongest piece of evidence.

Di Giovanni said the blood test showed Berry’s alcohol was below the legal limit, and the eye test, which indicated intoxication clues, was not administered properly.

The challenged test involves tracking eye movement by the officer holding a pen in front of the eye for four seconds. Video replay from the dash camera of the police cruiser showed the officer held the pen in place for only three and three quarters seconds.

“We lost what was our strongest piece of evidence,” Di Giovanni said.

Houran noted that he was the judge who ruled on the evidence in November, and he was aware of the impact it would have on the case.

According to court documents, Berry was driving a pickup truck that collided with Hindle’s motorcycle at the corner of Stackpole Road and Green Street in Somersworth.

Hindle was transported to Wentworth-Douglass Hospital where he was pronounced dead.

According to an affidavit, Berry told police he was consuming a beer at the time of the crash and that he had consumed three beers and had taken two hits of marijuana before the crash.

Di Giovanni read a letter written by Hindle’s son Logan, who wrote that his father faced his demons and went on to help many others get sober.

Source :
Man pleads guilty in fatal crash