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Former Bedford, Londonderry cop reaches plea deal in Amherst DWI crash that claimed life of Milford woman

By Jeffrey Hastings - Special to The Telegraph | Mar 30, 2022

(File photo by JEFFREY HASTINGS) Tyler Berry, the former police officer awaiting sentencing on charges stemming from an off-duty fatal DWI crash in 2019, was a member of the Londonderry department when this photo was taken.

MANCHESTER — Tyler Berry, the former Amherst resident who served on the Bedford and Londonderry police departments until his arrest in April 2019, will learn on Friday, May 6, how much time he will spend in State Prison in connection with the fatal DWI crash that occurred three years ago next week.

Berry, now 30, was behind the wheel of a pickup truck witnesses described as swerving back and forth and all over the road on Route 101 late the night of April 5, 2019, when the truck suddenly veered into the path of an oncoming car not far from the Bedford town line.

The vehicles collided nearly head-on, the impact inflicting fatal injuries upon 21-year-old Sierra Croteau, a “thoughtful, compassionate, kind-hearted” nurse who was traveling east on Route 101.

Berry, who sustained relatively minor injuries, was transported to Catholic Medical Center, where he was arrested on a felony charge of aggravated driving while intoxicated.

Over time, as local and state police continued their investigation, additional charges would be filed against Berry, and when a grand jury met in August 2019, jurors indicted Berry on two counts of manslaughter, two counts of negligent homicide, two counts of reckless conduct and single counts of criminal mischief and falsifying evidence.

(File photo by JEFFREY HASTINGS) Former Londonderry police officer Tyler Berry leaves Hillsborough County Superior Court North in Manchester following a recent hearing. Berry intends to plead guilty to two charges stemming from a fatal DWI crash in exchange for several years in State Prison.

Motions, orders, rulings, hearings and other proceedings — including an attempt at a settlement conference in 2020 — filled the pages of Berry’s case file over the next two-plus years, until earlier this month, when Berry’s lawyer, Nashua Attorney Charles Keefe, filed a notice of intent to plead guilty on Berry’s behalf.

According to the notice, Berry agreed to plead guilty to two of the charges — manslaughter and falsifying physical evidence — in exchange for sentences of 10-20 years in State Prison on the manslaughter charge, with either 2 1/2 or 3 years suspended, and a term of 3 1/2 to 7 years, all suspended, on the falsifying charge.

The agreement was reached under a so-called capped plea arrangement, meaning the prosecution and defense will each recommend a set of sentencing terms to the judge, who will ultimately decide the length and other terms of Berry’s sentence.

That sentencing hearing is scheduled for Friday, May 6, in Hillsborough County Superior Court North.

Berry was a Londonderry police officer at the time of the crash and was previously on the Bedford police force.

Court dates continued to get rescheduled, first for legal challenges brought by Keefe, and then because of the COVID-19 pandemic.

Berry remained free on bail throughout.

Roughly two years ago, Berry and two businesses were named as defendants in a civil suit brought by members of Sierra Croteau’s family. They include her biological parents, Andrew Croteau and Debbie Whitney; the estate of Sierra Croteau is also listed as a plaintiff.

The two businesses named as defendants are East Coast Restaurant and Nightclubs, listed as the operator of the Millennium Cabaret in Bedford; and Pipe Dream Brewing, which operates a brewery and taproom on Harvey Road in Londonderry.

According to court documents, the two businesses are accused of serving an intoxicated Berry on the evening of the crash and not taking steps to prevent Berry from driving from their respective establishments.

Documents indicate the civil suit is headed to trial; Berry’s case summary shows that jury selection is scheduled for Nov. 28.

–JEFFREY HASTINGS

(Senior staff writer Dean Shalhoup contributed to this report).