Police chief offered to resign after DUI arrest

Mountain Home Chief of Police Tom Berry offered to resign after his arrest last week on a DUI charge, but Mayor Joe B. McNeal rejected the resignation.

Berry issued a written statement Thursday following his arrest for driving under the influence by the Idaho State Police in the early hours of the preceding Tuesday.

In his statement, Berry, whose arraignment is scheduled for Dec. 21 at 9 a.m. at the Elmore County Courthouse, confirms that on Dec. 6 he was, "detained for investigation for DUI."

Berry further explained that, "because of the investigation, and my determination to be accountable for my actions, I immediately offered to resign my position." He went on to state that the resignation was subsequently rejected by Mayor Joe B. McNeal and city council members.

The statement, released by Berry's attorney, Rob S. Lewis of Boise, also states that the police chief has been urged by many members of the police department and people in the community to allow the legal process to work. "I have chosen to do as they have requested," he said.

Finally, Berry ended his statement by offering a personal apology to the citizens of Mountain Home. "I am sick in my heart for any shame or disgrace my actions may have caused the community or profession that I love," he said.

"I apologize to my family, my church, the members of the MHPD, my profession and the wonderful community of Mountain Home for any pain I may have caused. I hope that I will be given an opportunity to earn back their trust and respect."

Mayor McNeal also issued a statement concerning Berry at a press conference last week in which he cited a section of the city's personnel policy.

"An employee who is convicted, let me say that again, convicted, of driving under the influence of alcohol will be subject to discipline, up to and including termination," he said.

If convicted, Berry could receive several other forms of disciplinary action in lieu of termination or dismissal. The city's personnel policy outlines the following options when administering disciplinary action: "one--dismissal, two--suspension, three--demotion, four--disciplinary probation."

ISP's investigation is currently underway and, in an attempt to obtain all the facts surrounding the case, the Mountain Home News requested a copy of the official arrest report under Idaho's Public Writings Act. However, the request was denied because it, "involved material exempt from disclosure (pending investigation) pursuant to Title Nine under the Idaho Statutes." No information regarding how long the investigation will take has been released.

Berry's arraignment is expected to draw a large number of spectators and media. It is also expected that the prosecution will ask for a change of venue at this time.

Many members of the public have pledged support for Berry, who has served as Mountain Home's police chief for more than 10 years after being appointed in 1994. During that time Berry initiated several new programs in the police department including the Citizens On Patrol (COPS) group and a police bicycle patrol.

Those groups work directly with the public to address crime rate concerns, gang activity, etc. and in the past 10 years, gang-related violence in the city, which was a problem when he took over, has decreased almost to the point of nonexistence. Berry has further been credited with doubling the number of criminal cases closed in his tenure as chief of police.