CEDAR CITY— A man who was arrested after leading police on a vehicle pursuit in Enoch in June has been sentenced in connection with the case.
During his sentencing hearing on Sept. 19 in 5th District Judge Matthew L. Bell’s courtroom, Russell Don Berry, 65, was ordered to serve a total of 108 days in jail, with credit given for the time served since his arrest on June 3. He was also placed on probation for 36 months and ordered to pay $1,056 in fines and fees.
As previously reported in St. George News / Cedar City News, Berry, who was driving a Jeep, led officers on a 6-mile car chase that ended with a felony stop near his own residence in Enoch on June 3.
On July 11, Berry pleaded guilty to failing to stop at command of police, a third-degree felony, and DUI or refusal (first offense within 10 years), a class B misdemeanor. Additional charges associated with that incident were dismissed as a result of a plea agreement.
In a separate case dating back to April, as previously reported, Berry also faced charges for punching and kicking police officers who were attempting to arrest him at his home. He ended up pleading guilty to a single count of assaulting a peace officer, a class A misdemeanor, with the remaining counts being dropped.
“You seem to think your troubles are the fault of everyone around you,” Bell told Berry during the sentencing hearing Sept. 19.
“I recognize you resolve your case by entering into these plea agreements, but you’re still not taking accountability for your role in serious conduct that put other people at risk and that bothers me,” Bell added. “You’re 65 years old. Let’s act like it.”
Bell also admonished Berry to treat other people civilly and to stop bullying them.
“If this attitude persists, Mr. Berry, you leave me with very few choices but to have you locked up for as long as I can, on whatever charges come,” Bell added. “I don’t think you need that. At this age, you can’t act that way to other people. You can’t put other people at risk.”
Berry’s three-year probation term is to be supervised by Utah Adult Probation and Parole, the judge noted. Bell ordered Berry to receive substance abuse and mental health evaluations and to undergo any treatments recommended.
“Once you get the treatment that you need, if you outlay any money for that, turn in those receipts and we’ll credit that towards the fine,” Bell added.
Berry was also told to not consume or possess alcohol, nor possess any firearms.
As a further condition of his probation, Berry is to have no future contact, either direct or indirect, with Discovery Ranch for Girls and its students and staff, the judge added.
Earlier in the hearing, prosecutors had noted that Berry had been caught trespassing on or around the property of the residential treatment facility for at-risk teenage girls “on numerous occasions.” And the Jeep chase in June had started near the Discovery Ranch property.
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