Former Londonderry Cop's Trial For Fatal Amherst Accident Delayed Again

AMHERST, NH — In April 2019, Sierra Croteau was killed in a collision on Route 101A in Amherst.

Tyler Berry, the driver of a pick-up truck, is accused of crossing the yellow line of the roadway and hitting Croteau’s sedan head-on. Berry was a Londonderry Police Officer at the time of the crash and previously was employed in Bedford Police Department. He faces two counts each of manslaughter as well as negligent homicide, and reckless conduct. He also faces one count of falsifying physical evidence and criminal mischief.

One of the multiple indictments said, "Croteau's death (was) through blunt impact of her body as a consequence of Berry being under the influence of intoxicating liquor."

Berry has remained out on personal recognizance bail since his indictment. The trial has been delayed several times due to the court limiting cases during the Pandemic.

Jury selection was originally scheduled to begin in September, however has now been delayed again. According to court documents, the current schedule for jury selection will begin in January 2022.

Recently the state of New Hampshire and Berry’s defense team submitted documents discussing the admissibility of a blood draw done after the accident occurred.

Berry’s defense team wrote:

DEFENDANT’S OBJECTION TO STATE’S MOTION TO ADMIT HOSPITAL BLOOD DRAW

Now comes the Defendant, Tyler Berry, by and through his attorneys, Wilson, Bush and Keefe, P.C., (“the Defendant”), and objections to the admission of any evidence relating to blood samples obtained from Catholic Medical Center and any testing results, whether performed by the hospital or by the State Forensic Laboratory. The admission of such evidence would violate Tyler’s New Hampshire Constitutional Right to Privacy found at Part I, Article 2-b of the New Hampshire Constitution. In support thereof:

Normally, hospital records, tissue and blood samples, and communications between medical personnel and a patient are privileged and protected from disclosure. See RSA 329:26 (“The confidential relations and communications between a physician or surgeon licensed under provisions of this chapter and the patient of such physician or surgeon are placed on the same basis as those provided by law between attorney and client, and except as otherwise provided by law, no such physician or surgeon shall be required to disclose such privileged communications.”); N.H.R.E. 503; see also In re Search Warrant for Medical Records, 160 N.H. 214 (N.H. 2010).

It is true that at the time the police learned of the Defendant’s blood sample, they had no alternative source of information regarding his blood alcohol content at the time of the accident. However, they had previously had adequate opportunity to determine whether the Defendant was intoxicated. They had observed his behavior while driving, viewed the accident scene, and found the open beer cans in the pickup truck. They had spent over an hour with the Defendant and has been able to smell his breath and to watch for signs of intoxication.

The State of New Hampshire submitted to the courts:

On April 5, 2019, at approximately 11:02 PM, dispatch for Amherst Police Department received a call for service in the area of 294 Route 101 at Old Manchester Road. Sergeant Patrick Webster arrived with the Fire Department and EMS. Officer Christopher Corey arrived on scene shortly thereafter. The defendant, Tyler Berry, was injured in his vehicle, a 2018 GMC Sierra pick-up truck. He was extricated and sent to the hospital for examination and treatment. Tragically, S.C. was found deceased in her small SUV and pronounced on scene.

Two witnesses at the scene stated that they were driving in Bedford when the pick-up truck passed their separate vehicles over the double yellow line at a high rate of speed. Amherst Fire and Rescue staff stated that the defendant, Tyler Berry, had admitted to drinking some “road sodas” prior to the collision.

Officer Corey, who followed the defendant to Catholic Medical Center, observed clear signs of intoxication as did Detective John Smith. Detective Smith explained that he observed an odor of an alcoholic beverage, bloodshot and glass eyes, droopy eyelids, slow speech, and cotton mouth when reading the defendant his felony ALS form. Trooper Petros Lazos from Troop A also noted an odor of an alcoholic beverage coming from his breath, and had cottonmouth. Alyssa Rodrigues, a nurse in the Catholic Medical Center emergency department, took a sample of the defendant’s blood at approximately 12:21 AM, for the purposes of medical diagnosis and treatment. For purposes of this pleading, the hospital blood draw will be referred to as “HBD.” The defendant was then transferred to the Elliot Hospital.

At 2:05 AM, phlebotomist Chantalle Fuis-Amie collected the felony ALS draw from the defendant. At 4:04 AM on April 6, 2019, Trooper Lazos’ search warrant for the defendant’s blood at Elliot Hospital was granted. At 4:50 AM, phlebotomist Pierre Lubin collected the first search warrant blood draw. While preparing for the second search warrant blood draw around an hour later, the defendant refused to provide a sample and also refused a blood draw pursuant to RSA 265-A:16.
The State now moves pursuant to statute and case law to admit the HBD taken at 12:21 AM on April 6, 2019.

On Aug. 19, Honorable Judge Amy Messer allowed for the blood draw to be submitted. She wrote:

After review and consideration of the State's motion and Defendant’s in his objection. SO ORDERED. If such motion is filed, the Court will consider the State's motion along with the constitutional and other issues the phlebotomist's deposition if it deems such motion to be meritorious in light of the information obtained. WITHOUT PREJUDICE Prayer for Relief B. The State may file a revised motion after the taking of State v. Bazinet, 170 N.H. 680 (2018). Therefore, Prayer for Relief A is GRANTED. The Court DENIES deposition is necessary to allow the State to obtain information related to the required showing under State has met its burden pursuant to RSA 517:13, II(b) to show that a deposition is necessary. Such raised by Defendant in his objection. SO ORDERED. If such motion is filed, the Court will consider the State's motion along with the constitutional and other issues the phlebotomist's deposition if it deems such motion to be meritorious in light of the information obtained. WITHOUT PREJUDICE Prayer for Relief B. The State may file a revised motion after the taking of State v. Bazinet, 170 N.H. 680 (2018). Therefore, Prayer for Relief A is GRANTED. The Court DENIES deposition is necessary to allow the State to obtain information related to the required showing under State has met its burden pursuant to RSA 517:13, II(b) to show that a deposition is necessary. Such

Court documents show Berry was named in a civil case filed in February 2020 which names him as a defendant as well as two businesses. According to court documents, the two businesses listed as defendants are East Coast Restaurant and Nightclubs, LLC and Pipe Dream Brewing, LLC.
East Coast Restaurant and Nightclubs, LLC is listed as the operator of Millennium Cabaret located on South River Road in Bedford. Pipe Dream Brewing, LLC has a brewery and taproom located on Harvey Road in Londonderry.

The civil case was filed by the family of Croteau. The plaintiffs are Debrah Whitney and Andrew Croteau, who are the biological parents along with the Estate of Sierra Croteau.

In the court filings alleged the two businesses served Berry on April 5, 2019, who was intoxicated, according to the court documents. It also stated the businesses did not take steps to prevent Berry from driving from their establishments.

The Plaintiff's ask court filing states they are seeking:

1. Reasonable expenses occasioned to the estate by the injury;
2. The probable duration of the plaintiff's decedent's life but for the injury;
3. The money the plaintiff's decedent would have earned through her
4. working life but for the injury;
5. Other damage to the plaintiff's decedent as allowed by law, in the same
6. manner as if she had survived; and,
7. Any and all other damages are allowed by New Hampshire law, and NH Rev Stat § 566:12, the Wrongful Death Statute.

The civil trial is currently scheduled to begin in January 2022.

©Jeffrey Hastings www.frameofmindphoto.com/news.