No charges expected for Adams County deputy

Officer struck man laying in roadway

OTHELLO - It doesn't appear any charges will be filed against anyone involved with a fatal collision involving an Othello man and an Adams County patrol vehicle.

The incident is still under review by the Adams County Prosecutor's Office, Sheriff Doug Barger said.

In early June Deputy Kurt Berry, 24, struck Leonel Maldonado Gonzalez, 33, while he was laying in the roadway on Taylor Road near Othello at night, Barger said.

Barger released previously unknown details about the incident from the Washington State Patrol report on their investigation.

Maldonado Gonzalez was a passenger in a 1997 Chrysler sedan with four other people, he said. According to interviews with the passengers and driver, the group was heading to Othello to purchase alcohol and were drinking alcohol since early afternoon, Barger said.

Maldonado Gonzalez reportedly did not want to go to Othello and opened the door and allegedly let himself out while the vehicle was moving, Barger said.

The passengers and driver advised they didn't notice he was gone immediately due to loud music and their alcohol consumption, he said. When it was apparent Maldonado Gonzalez was no longer in the vehicle, the group continued their travel.

The investigation did not indicate the vehicle was traveling at an excessive speed at the time, Barger said. The speed limit was 35 mph and they had just turned onto Taylor Road from an intersecting roadway.

After Maldonado Gonzalez let himself out of the vehicle, he remained in the roadway.

Three vehicles including a van, truck and the patrol vehicle unknowingly approached Maldonado Gonzalez on Taylor Road shortly after he let himself out of the vehicle.

The van was traveling in front of the truck and the patrol vehicle, Barger said. The driver of the van swerved slightly to avoid Maldonado Gonzalez. The truck traveling behind the van swerved more noticeably into oncoming traffic, leading the deputy to believe the driver may have been under the influence of alcohol, he said.

The deputy began to accelerate to pursue the vehicle and struck Maldonado Gonzalez, Barger said. The deputy's attention was focused on the truck and there was not enough time to stop once the man was seen in the roadway. It was not immediately clear it was a person in the roadway before the impact.

Maldonado Gonzalez's blood alcohol level was .22, according to the Adams County Coroner's report.

No foul play is suspected and Maldonado Gonzalez was not pushed out of the vehicle, Barger said.

The driver of the vehicle carrying Maldonado Gonzalez reportedly told law enforcement he consumed alcohol before driving. No charges were filed against the driver because law enforcement was unable to make contact immediately after the accident to determine the blood alcohol level or conduct field sobriety tests.

Berry was not injured during the accident. The patrol vehicle sustained minor damage.

Administrative action was not taken against Berry because he was not found at fault. He's worked with the sheriff's office for nearly one year.

Barger said the deputy is recovering well since the accident and continues his duties to the department.