James E. Pierce was killed on Springfield-Xenia Road by a southbound vehicle after leaving the Wayside Tavern on South Yellow Springs Street. The next day, state troopers recovered a car from a parking lot near Columbia and Fisher that is registered to a person who lives at a Springfield Township house owned by Berry.
If convicted, Berry could either get probation, or up to five years in prison.
Clark County Prosecutor Andy Wilson recused himself from the case, citing a conflict of interest. An assistant prosecuting attorney from the Franklin County prosecutor's office handled the case.