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News / Clark County News

Judge denies bail reduction in vehicular homicide case

By Jerzy Shedlock, Columbian Breaking News Reporter
Published: July 27, 2019, 7:07pm

A Clark County Superior Court judge declined to reduce bail Friday for a Vancouver man jailed on suspicion of vehicular homicide for a fatal crash earlier this month in Battle Ground.

Judge Gregory Gonzales kept Daniel Scott Berry’s bail at $250,000 after a defense attorney argued the amount should be lowered to the prosecution’s original request of $100,000 bail.

Berry, 33, first appeared in court Tuesday. Gonzales opted for the higher bail amount based on the “egregious” allegations of the case.

Berry was arrested Monday, two weeks after the July 8 crash at the intersection of Southwest 10th Avenue (state Highway 503) and Eaton Boulevard. John A. Christianson, 58, of Ridgefield, was injured and died later that week.

On the day of the crash, emergency crews were dispatched shortly after 8 a.m. to the intersection. A white 1992 Lexus sedan, driven by Berry, and an Indian motorcycle, driven by Christianson, collided, according to police.

Clark County sheriff’s deputies determined through multiple witness interviews that Berry was driving recklessly before the crash. He was driving north on 10th Avenue and failed to stop at the red light at Eaton Boulevard, despite all other northbound vehicles being stopped, according to a probable cause affidavit.

Berry was scheduled to be arraigned Friday, but the hearing was postponed until Aug. 14. Instead, defense attorney Therese Lavallee asked the court to reconsider Berry’s bail.

Lavallee told the judge Berry’s family has enough money for the lower bail amount. She argued if Berry posts bail he could continue to work and support his 6-year-old daughter, adding that he is not a flight risk. Berry is willing to adhere to a pre-trial release condition that would prohibit him from driving, Lavallee told the judge.

The prosecutor handling numerous cases on the docket Monday morning deferred to the court on whether the bail should be reduced.

Gonzales said multiple witnesses told investigators Berry was traveling between 45 and 55 mph as he entered the intersection, and the light had been red for five to six seconds.

“My position was he did present a danger to the community,” Gonzales said. “The fact that he wants to submit his driver’s license does not change my opinion.”

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Columbian Breaking News Reporter