Havelock shooting suspect appears in court

Published: Friday, February 15, 2013 at 01:58 PM.

“He indicated he did not want a court appointed attorney,” Thomas said. “He wanted to represent himself and that’s not completely unusual. Sometimes that does happen and then when people have the opportunity to reflect upon that, they decided to seek court-appointed counsel or to hire counsel.”

Thomas said Berry indicated that he understood what was happening to him during the court proceeding and he agreed to go to the DOC medical unit.

If at some point lawyers question Berry’s mental state, they will ask the judge to sign an order for a psychiatric examination, Thomas said.

The charges Berry faces are based on what is known about the incident. The State Bureau of Investigation conducted the investigation Thursday since Havelock police officers were victims in the case, Thomas said.

“If we see any need to add any additional charges, we will do that in the future,” he said.

Berry has one prior out-of-state misdemeanor marijuana conviction in 1981 and only some traffic violations since then, Thomas said.

If Berry is convicted on the three Class C felonies, under structured sentencing, he would mostly likely be considered a Prior Leave One based on a limited past criminal conviction background, Thomas said.

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