Former Newport News Police Sgt. Albin Trevor Pearson is a convicted former law enforcement officer after the December 27, 2019 shooting death of Henry “Hank” Berry III inside Berry’s Newport News, Virginia home.
According to the Virginia Court of Appeals, Berry called 911 to report concern about his 9-year-old son, whom he said he had not seen since Thanksgiving. Officers initially responded, spoke with Berry, and left. Berry later made additional calls requesting a welfare check on his son.
The Court of Appeals opinion states that Pearson and Officer Dwight Pitterson returned to Berry’s apartment with two other officers. They did not obtain an arrest warrant before returning. The officers planned to try to persuade Berry to leave his apartment and then arrest him for falsely summoning or giving a false report to law enforcement.
That distinction matters. The court later described the attempted arrest inside Berry’s home as unlawful because officers entered without a warrant. According to the appellate opinion, when Berry remained in his doorway and did not want to come outside, an officer blocked the door from closing. Pearson and Pitterson then rushed through the door and attempted to seize Berry.
The situation turned into a struggle inside Berry’s home. The Court of Appeals said Berry eventually ended up seated on the ground with his back to a wall as officers tried to arrest him. Pitterson deployed a Taser, Berry gained control of the Taser during the struggle, and Pearson fatally shot Berry once in the back with his handgun.
WTVR reported that Newport News Police Chief Steve Drew said a struggle followed and Berry got control of a Taser before Pearson shot Berry in the back. WTVR also reported that family members said Berry was having a mental breakdown and had called police for help before the shooting.
Pearson was not convicted of murder. He was initially charged with second-degree murder, but a jury convicted him of the lesser offense of voluntary manslaughter. WTKR reported that Pearson was found guilty of voluntary manslaughter for killing Henry Kistler Berry III, a 43-year-old Newport News man.
The second officer involved in the shooting was not convicted. WTKR reported that Officer Dwight Pitterson was acquitted of all charges in connection with the incident in September 2021. That acquittal should be separated from Pearson’s later conviction.
At sentencing, WTKR reported that Pearson received 11 years in prison, with five years suspended, leaving six active years to serve. The report said the judge imposed the maximum 10-year sentence for voluntary manslaughter and an additional year for illegally entering Berry’s home while on duty.
Pearson appealed, but the Virginia Court of Appeals affirmed the judgment in August 2024. The appellate court stated that Pearson was convicted of voluntary manslaughter and of entering Berry’s home with intent to damage, and that he was sentenced on both charges to a total of 10 years and 12 months of incarceration, with five years suspended.
There are allegations, reports, charges, convictions, and acquittals in this case, and they should not be mixed together. Family members reportedly described Berry as being in a mental health crisis. Pearson was charged with second-degree murder but convicted of voluntary manslaughter. Pitterson was acquitted. The appellate court upheld Pearson’s convictions and rejected his appeal.
The core facts remain grim: officers went to Berry’s home over repeated 911 calls about his son, entered without an arrest warrant, struggled with him inside his apartment, and Pearson shot Berry in the back. A jury did not call that justified policing. It called it voluntary manslaughter.
