Delano Herald Journal

Serving the communities of Delano, Loretto, Montrose, MN, and the surrounding area

Berry sentenced to one year in jail



The youth who shot a 16-year-old boy in the neck at a Lester
Prairie apartment last February appeared in court for sentencing Aug. 6.

Benjamin Keith Berry, 16, will serve one year in the McLeod
County jail after pleading guilty to one felony count of a felon in possession
of a firearm.

The court stayed the execution of 60 months in prison and
placed Berry on probation for five years.

The conditions of his probation are that he serve one year
in jail, complete a chemical dependency evaluation, follow the recommendations
of the evaluation, abstain from alcohol or drugs, submit to random testing,
work 20 hours a week or work towards a GED, and pay a $40 surcharge.

According to Amy Olson, assistant McLeod County attorney,
Judge Thomas McCarthy told Berry that chemical dependency is Berry’s main
issue.

The conditions of probation are that Berry complete a chemical
dependency evaluation, follow the recommendations of the evaluation, abstain
from alcohol or drugs and pay a $40 surcharge.

Olson said Berry may be “furloughed” from jail
if he is admitted into a treatment program, which would count toward his
jail time.

Berry was previously charged with felony assault in the
second degree with a dangerous weapon, and felony receiving stolen property.
Both of those charges were dismissed.

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