His brother died two days after the crash on M-46 in 2016.
MUSKEGON COUNTY, MI – A man accused of driving under the influence of marijuana when he was involved in a fatal crash that killed his brother has received a suspended sentence.
Michael Kenneth O’Berry, 25, of Grand Rapids pled no contest to operating under the influence causing death as a result of the crash on Apple Avenue (M-46) in April 2016.
He was sentenced to 36 months of probation and a suspended, or delayed, sentence of eight months in jail by Muskegon County Circuit Judge Timothy Hicks. If O’Berry successfully completes probation, Hicks likely will dismiss the jail sentence.
The judge gave O’Berry four days credit for time already served.
O’Berry was seriously injured and airlifted from the scene of the crash that killed his brother Nathan O’Berry, 34, of Clarkston. The crash occurred on April 11,2016, on Apple at Trent Road in rural Muskegon County.
2 people in serious condition after crash between car and semi
It was alleged that O’Berry was under the influence of marijuana when he drove into the path of a semi-truck traveling east on Apple, Muskegon County Chief Assistant Prosecutor Timothy Maat, said earlier. O’Berry was driving north on Trent Road, which has a stop sign at the Apple intersection.
A child, around the age of 4, also was in the vehicle and suffered minor injuries.
A lengthy police investigation and the extent of Michael O’Berry’s injuries contributed to a delay in issuing charges, Matt Roberts, chief trial attorney for the prosecutor’s office, said earlier.
O’Berry entered his plea on May 30. A no contest plea is not an admission of guilt, but is treated as such at sentencing. Hicks sentenced O’Berry on July 11.
