A grand jury formally charged Berry, 81, in August with hit-skip or failure to stop after an accident that resulted in the death of James E. Pierce. If convicted of the third-degree felony, Berry could be sentenced to probation or up to five years in prison.
Pierce was killed about 10 p.m. on May 4 when he was struck by a southbound vehicle on Springfield-Xenia Road as he lay in the road. He 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.
Berry pleaded not guilty on Sept. 2, saying he never saw Pierce in the road. Berry’s original attorneys, John Butz and Richard Mayhall, are no longer his attorneys.
Berry is now represented by Darnell Carter and David E. Smith, two former county assistant prosecutors who worked for Berry during his 24-year tenure.
Mayhall said he and Butz got out of the case because they could be called as witnesses. Mayhall refused to say if either one was with Berry the day of the crash.
Franklin County Assistant Prosecutor Dan J. Cable will try the case, which is to be heard by retired Montgomery County Common Pleas Judge John Webster Kessler. Cable and Webster Kessler were appointed after Clark County Prosecutor Andy Wilson and local judges recused themselves, citing conflict of interest.
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