NEWPORT NEWS, Va. – Former Newport News Police sergeant Albin Pearson was sentenced to 11 years in prison Friday, with five of those years suspended pending good behavior.
Pearson was convicted of voluntary manslaughter in the shooting death of 43-year-old Henry “Hank” Berry III in his home on Dec. 27, 2019.
Related: Newport News Sgt. convicted of voluntary manslaughter for 2019 fatal shooting
Circuit Judge Spencer handed down the maximum 10-year sentence for voluntary manslaughter and sentenced Pearson to another year for illegally entering Berry's home while on-duty. He will spend six active years in prison.
Pearson, 36, addressed the court right before his sentencing. He got choked up as he was saying he never wanted to hurt Berry.
“I wish I was a stronger man,” Pearson said. “I wish I'd been a better police officer. Now I have to live with that the rest of my life.”
Police body camera footage from that night showed the deadly encounter inside Berry's home.
The incident unfolded after officers showed up to the home to arrest Berry for abusing the city’s 911 system after he made multiple worried phone calls to police about his 9-year-old son.
The boy's mother told detectives Berry was having a mental health crisis.
Pearson then forced his way into Berry's home without a warrant and a struggle over a taser followed. Just two minutes after Berry answered the door, Pearson tased and then shot him in the back.
Berry died immediately.
Berry’s father, Henry Berry Jr., took the stand Friday. Through tears, he said Berry was a kind, loving father.
“It was such an unnecessary crime for a telephone call,” Berry Jr. said as he started to break down in tears. “My son thought his son was in danger and he was trying to protect him. He did everything he could to try and protect his son and he lost his life over it, for a telephone call.”
Pearson's lawyer Timothy Clancy said the former officer dedicated his life to helping others and didn't mean to kill Berry.
“He certainly made very clear to this court and everybody in that courtroom, including the Berry family, that he had no ill-will toward Mr. Berry, certainly had no malice, or malicious thoughts toward Mr. Berry, and wished him no harm,” said Clancy.
Clancy said he will appeal the court's decision. He has 30 days to do that.
