Herald JournalWinsted-Lester Prairie Journal, Aug. 19, 2002

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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