Trial set Monday in fatal hit-skip

Former prosecutor says he did not know he hit man in road.

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By Tiffany Y. Latta, Staff Writer 7:57 PM Saturday, January 28, 2012

SPRINGFIELD — The trial of an ex-prosecutor accused in a hit-skip crash that killed a Springfield Twp. man is set to begin Monday.

James A. Berry, 81, waived his right to a jury trial and will appear in Clark County Common Pleas Court before visiting Judge John W. Kessler, who will decide the case.

The trial is expected to last no more than three days, Berry’s attorneys David E. Smith and Darnell Carter said Friday.

Berry was charged in August with failure to stop after an accident that resulted in the death of 37-year-old James E. Pierce, who had alcohol and drugs in his system when he died.

Berry pleaded not guilty to the charge Sept. 2 and later told the Springfield News-Sun that he never saw Pierce in the road.

“I thought I hit a pothole. That’s exactly what it felt like. I’m not callous enough to do anything like this — to leave somebody lying out there,” Berry said after he was arraigned.

If convicted of the third-degree felony, Berry, a former congressional candidate, could be sentenced to probation or up to five years in prison.

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. 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.

After Berry’s arraignment, he declined to comment when asked if he had been drinking the day of the accident.

Video of the crash was captured by the bar’s surveillance camera and will be presented during the trial along with photos of Berry’s Honda Accord that was recovered a day after the incident.

Berry’s original attorneys were John Butz and Richard Mayhall, but the two removed themselves from the case because they said they could be called as witnesses.

Mayhall is on a list to testify for the defense at trial, according to court documents.

When asked by the Springfield News-Sun if he or Butz were with Berry the day of the crash, he has declined to comment.

Berry’s current attorneys, Smith and Carter, are two former assistant county prosecutors who worked for Berry during his 24-year tenure in the Clark County Prosecutor’s Office.

Franklin County Assistant Prosecutor Dan J. Cable will try the case.

Cable and the visiting judge were appointed after Clark County Prosecutor Andy Wilson and local judges recused themselves, citing a conflict of interest.

Cable has said prosecutors must prove in fatal hit-skip cases that the driver of the vehicle had knowledge of a collision.

Trial continued on C10

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