NEWPORT NEWS, Va. — Two police officers charged with a man's death in Newport News will be allowed to get out on bond.
Sgt. Albin Pearson and Officer Dwight Pitterson appeared in court on Friday. They are accused of killing Henry Kistler Berry III after responding to Berry's home late last year.
The two officers were indicted by a grand jury earlier this week. Pearson, who is charged with second-degree murder, was given a bond of $200,000.
Pitterson, whose charges include malicious wounding, was given a $75,000 bond.
Back in December 2019, police responded to Berry's home to arrest him for allegedly abusing the 911 system. Police had said that during a struggle, Berry used a stun gun on two or three officers before he was shot.
Pearson and Pitterson were in court Friday for arraignment and bond hearings.
Judge Margaret Spencer out of Richmond presided over the hearing. Special prosecutors with the Suffolk Commonwealth's Attorney's Office were also in the courtroom.
The judge ultimately believed both men were not a flight risk and granted each a bond.
However, before the judge's decision, Assistant Commonwealth’s Attorney Brandon Wrobleski recalled the moments before he said Sergeant Pearson shot and killed Berry, and told the judge that the officers had no search or arrest warrants for Berry's home.
"Four police officers led by this defendant pushed inside Mr. Berry's home anyway, causing Mr. Berry to yell, 'They're trying to kill me, God help me,'" Assistant Commonwealth’s Attorney Brandon Wrobleski said. "Unfortunately, Mr. Berry was right."
Pearson's mother, father, and significant other were inside the courtroom Friday. Pitterson's girlfriend was also in the courtroom.
Pearson's attorney, Timothy Clancy, made the case for his client to receive bond.
"Look at December 27 to the present," Clancy said. "He's engaged in multiple interviews, he remained with the police department, placed in training, retained counsel, he's done everything he needs to do to corporate and get ready for this day."
Upon the recusal of the Newport News Commonwealth’s Attorney’s Office from the investigation, the Suffolk Commonwealth’s Attorney’s Office was appointed as the special prosecutor in the matter.
Pearson's next court date is December 14. Pitterson's next court date is November 17.