- Associated Press - Thursday, November 12, 2020

NEWPORT NEWS, Va. (AP) - Two officers have been indicted in connection with the death of a Virginia man who was killed by police during a struggle as officers were confronting him about allegedly abusing the 911 system.

Suffolk Commonwealth’s Attorney C. Phillip Ferguson told WAVY-TV that Newport News police Sgt. Albin Pearson and officer Dwight Pitterson both turned themselves in Wednesday, a day after a grand jury indicted the two on several charges for the death of Henry Kistler Berry III in December 2019.

Pearson, a 12-year veteran of the police force, faces charges including second-degree murder and assault by shooting in the commission of a felony, the newspaper reported. Pitterson has been charged with malicious wounding, misdemeanor assault and two other charges.

Newport News Police Chief Steve Drew has said four officers responded to Berry’s home to charge him with tying up 911 lines when he darted away from the approaching officers and into his apartment. There, he was brought to the ground and snatched an officer’s stun gun. Drew said Berry used the weapon on two or three officers before he was shot and died at the scene.

Newport News police had said Berry was shot by Pearson, who was placed on administrative leave after the shooting.

Ferguson, who was appointed as a special prosecutor in the case, said his team presented evidence to the grand jury after they looked at “all the facts.”

It was not immediately clear if the officers had lawyers who could comment on their behalf. Newport News Police did not immediately return a request for comment by the newspaper.

Both Pearson and Pitterson were being held without bond. They were scheduled to have a court hearing Thursday morning.

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