If convicted, Berry could be sentenced to probation or up to five years in prison, Cable said.
Pierce’s relatives are pleased someone has finally been charged in the case, but question how anyone, especially someone with Berry’s credentials, could hit someone and leave the scene.
“You would think that somebody like that would have stopped and come forward,” said Nicole Dixon, 23, who is Pierce’s cousin.
Pierce was killed about 10 p.m. May 4 when he was struck by a southbound vehicle on Springfield-Xenia Road as he lay in the road.
Pierce had just left the Wayside Tavern, 2288 S. Yellow Springs St., and was intoxicated, according to an autopsy report, which revealed he had cocaine in his system and a blood alcohol level of 0.31.
Cable said Berry was driving the vehicle at the time of the crash and left the scene.
The crash was captured on video, but authorities have refused to release it or any other details uncovered in the investigation.
Berry’s attorney, Richard E. Mayhall, said his client was unaware he struck Pierce and is innocent of the charges.
“Berry is looking forward to a trial to establish his innocence,” Mayhall said.
“They’re saying he had a legal requirement to stop. But we think they’re wrong. He didn’t know he hit Mr. Pierce and that’s why he didn’t stop. He thought it was a tree branch, a pot hole. He didn’t know what it was.”
Clark County Prosecutor Andy Wilson recused himself from the case in May, citing a conflict of interest due to the identity of the suspect. The case was then assigned to Cable, a senior assistant prosecuting attorney in the Franklin County prosecutor’s office traffic crimes division.
Cable said Tuesday a summons had been issued for Berry to appear in court for an arraignment at 10 a.m. Friday.
The indictment against Berry comes more than four months after the crash, despite OHP officials recovering his vehicle from a parking lot near the intersection of Columbia Street and Fisher Street the day after the incident.
Prosecutors have been extremely tight-lipped about the case, which caused some area residents to question whether Berry was receiving preferential treatment because of his status in the community. But Cable dismissed those claims, saying hit-skip investigations are typically lengthy because they are complex and that he was brought in as special prosecutor to prevent any perceived misconduct.
“I don’t know Mr. Berry. I had not met him until yesterday. We’re treating this like any other case,” Cable said. Berry served as prosecutor for 24 years from 1960 to 1984, was involved in a number of charitable organizations and received numerous awards, including being named Outstanding Prosecutor of the Year by the Ohio Prosecuting Attorney’s Association in 1981.
He also ran for Congress in the 7th Congressional District and was lauded by then-Vice President Hubert Humphrey as a candidate who says “yes” to the future of America, doesn’t look back over his shoulder, and supported the Johnson-Humphrey administration, according to Springfield News-Sun articles.
Contact this reporter at (937) 328-0360 or tlatta@coxohio.com.
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