Jeremiah Berry

Case summary

Jeremiah Berry was convicted after pleading guilty to the second-degree murder of his father, 42-year-old Jack Berry. He later admitted that he shot his father and dismembered the body, including decapitation, before feeding parts of it to coyotes and hiding other parts in buckets of concrete. The coroner ruled his death a suicide.

Background

Jeremiah Berry said he killed his father after being raped by him. Before the rape, he said Jack Berry claimed “God” told him that Jeremiah needed a sex change in order to become his wife.

At the sentencing hearing, Jeremiah Berry’s mother, Rita Gallegos, said Jeremiah was robbed of a normal childhood because of years of physical and sexual abuse from Jack Berry, and said: “Jeremiah stopped a cycle of abuse. He’s not a cold-blooded killer.” She also said: “His father was a monster, and Jeremiah was a victim.”

Jeremiah Berry’s sister, Rebecca Lopez, said: “Our father took (Jeremiah’s) strength and ambition … and his (right) to know he was a man,” and: “Since Jeremiah was born, he has been in prison.”

His attorney said during the sentencing hearing that Jeremiah Berry had made several attempts at suicide and engaged in self-mutilation. Two mental evaluations concluded that he was competent to stand trial.

The offence

In February 2008, Jeremiah Berry shot his father in the head. He then decapitated and dismembered the body and fed flesh to coyotes, and hid some body parts in buckets of concrete.

Court documents described that authorities found body parts, including a skull, hands and feet, encased in concrete. Detectives also found body parts, including a skull, hands and feet, thought to be those of Jack Berry in buckets hardened with cement in a storage room of a Montezuma County dog kennel.

Investigation

Jeremiah Berry confessed to police on April 29, 2008 about what he had done. Police reported that he told sheriff detectives he shot his father in the back of the head after he was raped, then decapitated and dismembered the body and fed flesh to coyotes, and hid some parts in buckets hardened with cement.

Arrest

Jeremiah Berry was immediately ordered back into custody of the Montezuma County Sheriff’s Office after the sentencing hearing.

Trial

In July 2008, Jeremiah Berry pleaded not guilty by reason of insanity after being charged with second-degree murder. Doctors concluded during two mental evaluations that he was competent to stand trial.

As part of his plea agreement, a second-degree murder count was dismissed as part of the plea agreement in August with the district attorney. During the plea, he pleaded guilty to killing and dismembering his father and feeding parts to coyotes, and the disposition included felony counts of manslaughter and menacing.

Sentencing

On November 28, 2009, Jeremiah Raymond Berry was sentenced to three years in a Colorado Department of Corrections facility followed by 10 years of “intense supervised” probation after a plea deal was accepted by 22nd Judicial District Judge Douglas Walker.

Judge Walker said: “You killed your father, you shot him and you destroyed evidence,” and: “You were (also) sexually abused by your father … and have suffered from mental abuse.”

Walker’s three-year prison sentence included credit for 443 days served. Walker noted that “Some incarceration is needed. I can’t sentence you without (it),” and stated: “Some incarceration is needed. I can’t sentence you without (it),” and that the sentence would begin immediately.

A District Attorney, Jim Wilson, summed up the plea agreement as a “combined effort” between the defense and prosecution and said: “We need to give him what he needs to be a constructive member of society,” and: “He is a victim just like he is a defendant. He’s a troubled young man.”

Public defender Chris Trimble called the outcome a “just outcome” and said: “It’s sad to see him suffer after a generation of abuse that he was forced to end. Jack Berry was a sadistic monster, and Jeremiah Berry has been a hero,” and: “It’s sad to see him suffer after a generation of abuse that he was forced to end. Jack Berry was a sadistic monster, and Jeremiah Berry has been a hero,” while also noting that on numerous occasions, Berry “self mutilated” his body while in jail and made several attempts of suicide.

After sentencing, the judge awarded Berry a few minutes to meet with family members in a private court chamber to say goodbye.

Appeals

No appeals were described.

Outcome

Jeremiah Berry was sentenced to three years in a Colorado Department of Corrections facility and 10 years of supervised probation. He committed suicide at his home on March 2, 2012.

Timeline

• February 2008 — Jeremiah Berry shot his father, 42-year-old Jack Berry, then decapitated and dismembered the body and fed parts to coyotes.
• July 2008 — Jeremiah Berry pleaded not guilty by reason of insanity to the second-degree murder charge.
• August 2008 — A second-degree murder count was dismissed as part of a plea agreement.
• April 29, 2008 — Jeremiah Berry confessed to police about what he had done.
• November 28, 2009 — Jeremiah Berry was sentenced by Judge Douglas Walker to three years in a Colorado Department of Corrections facility followed by 10 years of “intense supervised” probation.
• March 2, 2012 — Jeremiah Berry was found dead at his residence just south of Cortez; the coroner ruled it a suicide.

Other details

Jeremiah Berry was 24 years old when he was found dead. He had been charged with second-degree murder for the February 2008 death of his father, Jack Berry, and faced 48 years in prison if convicted of that charge in Montezuma County.

Jeremiah Berry’s sentence for manslaughter included a 10-year probation cap following any prison time he might serve.

Authorities said they found some of Jack Berry’s body parts encased in a bucket with concrete.

Jeremiah Berry’s tools used to chop up Jack Berry’s body parts, along with the gun used to kill him, were thrown into a river. Portions of Jack Berry’s remains were stored in a storage room at a local dog kennel, including his head, hands and feet.