NEWPORT NEWS, Va. — A Newport News police sergeant convicted of voluntary manslaughter in a 2019 shooting death was sentenced to 11 years in prison, five of which are suspended.
A judge decided Friday morning that Albin Pearson should serve the maximum sentence of 10 years on a manslaughter charge and one year on a trespassing misdemeanor.
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Five of the years will be suspended if Pearson has good behavior.
In December 2019, Newport News police responded to the home of Henry Kistler Berry III, to arrest him for allegedly abusing the city's 911 system.
13News Now learned in court that Berry had made multiple 911 calls to Newport News and other jurisdictions after he learned his son, who was in the custody of his mother, had a black eye. Prosecutors said Berry wanted officers to do a wellness check on his son.
Prosecutors said Pearson and other officers showed up to Berry's home to address the abuse of the city's 911 system, but they did not have an arrest or search warrant. The prosecutor said after reviewing body camera footage, they found Pearson pushed the door open when Berry refused to come out and speak to them and ended up chasing and tackling Berry.
Police had said that during a struggle, Berry used a stun gun on two or three officers before he was shot by Pearson.
Pearson, along with Officer Dwight Pitterson, were later charged in Berry's killing. Court records show Pitterson was acquitted of all charges, including malicious wounding, following a trial in September 2021.
During the sentencing, Berry's father, Henry Berry Jr., took the stand. He said the past few years haven't been easy, calling his son, "a loving child. A very kind person... and he dedicated his life to raising his own son."
Berry Jr. cried to the judge, saying, "It was such an unnecessary crime for a telephone call. My son was trying to protect his son from danger and he lost his life over it."
Pearson's father also took the stand, saying his son only wanted to help his community. He said Pearson joined the police force at the age of 21 and always wanted to be an EMT to help people.
"He saved a lot of lives," he said.
Berry's father called the sentencing fair, but Pearson's attorney, Tim Clancy, hoped for a little more mercy.
"Certainly, I'm very disappointed in the court's sentence, considering all the facts and circumstances I asked to be considered," said Clancy. "She [judge] had the discretion to sentence my client to a total of 11 years. This entire case has been a disappointment, candidly."
Before the judge announced the sentencing, Pearson had final words to the court before a bailiff escorted him out. He turned to the judge and said, "I spent almost all my adult life serving the Commonwealth. I only want to help...I want his [Berry's] family to know, I never wanted Mr. Berry to hurt. I wish I was a better police officer and I will live with that for the rest of my life."
Clancy said he still defends the fact that Pearson did not confront Berry with any malicious intent.
"He's certainly made clear to the court and to everybody in that courtroom, including the Berry family, that he had no ill will against Mr. Berry, had no malice toward Mr. Berry, and meant him no harm," Clancy said.
Pearson was originally charged with second-degree murder and multiple firearms and assault charges. Following a trial, a jury found him guilty of a lesser charge of voluntary manslaughter and a misdemeanor charge of illegal entry. He was acquitted on all other charges.
Clancy said his client plans to appeal the sentencing. The judge gave the attorney 30 days to file that appeal.