Attorney General Marty Jackley says a man from Iowa man been indicted on eight charges, including Vehicular Homicide and Second Degree Manslaughter, in connection with a July 4 fatal crash that occurred in Hughes County.
38 year old Zachary Berger from Indianola, Iowa was indicted Wednesday by a Hughes County Grand Jury. Berger is charged with:
*** One felony count of Vehicular Homicide, which carries a maximum sentence of 15 years in prison;
*** One felony count of Second Degree Manslaughter, which carries a maximum sentence of 10 years in prison;
*** Two felony counts of Abuse or Cruelty to a Minor, and each count carries a maximum sentence of 10 years in prison;
*** Two alternative misdemeanor counts of Driving Under the Influence which carries a maximum sentence of one year in the county jail;
*** Two counts of Failure to Assure a Minor Passenger Wears a Seatbelt and each count is a petty offense and carries a maximum sentence of a $25 fine; and
*** One count of Failure to Wear a Seatbelt which is a petty offense and carries a maximum sentence of a $25 fine.
The state has also alleged that Berger is a habitual offender with prior felony convictions which if proven raises the maximum sentence for the felony counts to up to life in prison.
Berger was the driver of a 2008 Polaris Ranger 700 Utility Vehicle that crashed on Spring Creek Drive north of Pierre. A 9-year-old girl died in the crash. A 16-year-old male sustained minor injuries.
The crash was investigated by the South Dakota Highway Patrol, Hughes County Sheriff’s Office, and the South Dakota Game, Fish and Parks. The South Dakota Attorney General’s Office will prosecute the case.
Berger is presumed innocent under the U.S. Constitution. He is being held on a $50,000 cash bond. His next court appearance is July 28.