A Leechburg man was found not guilty of aggravated assault on Wednesday after he was accused of shooting his girlfriend in the face during a drunken attempt to play Russian roulette.
Roy Edward Berry Jr., 50, was convicted in a nonjury trial before Westmoreland County Common Pleas Court Judge Meagan Bilik-DeFazio of five lesser misdemeanor counts of reckless endangerment in connection with the May 5, 2019, incident at the Vandergrift home of his girlfriend, who suffered facial wounds and required surgery.
Prosecutors contend Berry and girlfriend, Amanda King, had been drinking and argued over his request for sex. As the couple sat together on a couch, police said Berry picked up a 9mm semiautomatic pistol from a nearby coffee table, held the weapon up to his head and fired one round. The shot grazed off the top of Berry’s head and struck King in her right cheek. The bullet traveled through her mouth and exited through her left cheek before it struck a nearby lamp, county Detective Todd Roach testified.
Detective Randy Gardner said Berryclaimed he did not think the gun was loaded.
“He said he held it up to his face, expecting to hear a clap, but heard a boom. I don’t know how you play (Russian roulette) with an automatic weapon, that’s why it sounded ridiculous to me,” Gardner said.
Berry, who still lives with King, did not testify.
Defense attorney John Sweeney said Berry did not intend to hurt anyone.
“He believed the gun was empty, that he was messing around and fired,” Sweeney said.
Assistant District Attorney Anthony Iannamorelli countered that Berry was familiar with guns and specifically with the weapon used in shooting. He said Berry had to know the gun was loaded.
“He’s playing Russian roulette with a semiautomatic weapon and that’s a zero-sum game. There is a 100% chance that bullet is expelled,” Iannamorelli said.
Berry was charged with two counts of aggravated assault. Bilik-DeFazio dismissed one count and found Berry not guilty of the remaining felony charge. The judge convicted Berry of five misdemeanor counts of reckless endangerment because his two children and another man were in the house when he fired the gun.
Berry will remain free on bail pending sentencing in about three months.
