May 26, 2022 12:46 am

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MAN ON PAROLE FOR INVOLUNTARY MANSLAUGHTER CLAIMS PRECINCT 5 DEPUTIES BROKE HIS NECK AFTER PURSUIT

A Montgomery County man is calling for a civil rights investigation after he claims his neck was broken by law enforcement during a traffic stop. The traffic stop happened on Jan. 19, 2021, in Gary Berger’s Pinehurst neighborhood near Magnolia. The 40-year-old says he was on his motorcycle driving home after visiting his brother down SH 249 when he encountered several patrol cars on a traffic stop, with very little space he sped through alongside it. One of the deputies gave pursuit. As he turned into his subdivision he said he was doing 10 mph, however, on the turn, you can see him hitting the dip hard enough that he actually comes up off the bike seat. He continues to the curve in the subdivision with the patrol car behind him with lights and a siren but claims with no mirrors and a loud bike he did not hear it or see it. Even though looking at the video you can clearly see the patrol car lights reflecting off the houses and mailboxes ahead. He claims to have entered the curve at 10 mph as the road was wet, however, in the video you can see the speed much more than that as he cuts the curve deep into the wrong side of the road. It was there that the bike went down with him quite hard. His first claim was the patrol car hit his rear tire knocking him off the bike. He also claims he did not see the officer behind him after he fell but the video shows the patrol car with siren still going parked almost parallel to him. As he stands up the officer orders him to the ground, he refuses after several demands to get on the ground he is tased. You can see in the video officers holding him to the ground as they attempt to put a spit mask on him after he spits at the officers. He claims he did not spit on the officers but had mud in his mouth from when he fell off the bike. After applying the spit mask and him still trying to fight even though he is cuffed the deputies put him in the car horizontally. As they do you hear a click that sounds like metal on metal, a cuff hitting the patrol car, or something similar. His claim is the click or as calls, it snaps was them breaking his neck. EMS was dispatched to the scene as is normal procedure when a tasing takes place. He was transported to the hospital where it was discovered he had a broken neck. After surgery and pins, he was released. A warrant was issued for his arrest for harassment of a public official and evading arrest with a motor vehicle. He turned himself in and was released on a bond of $30,000 on each charge. Berger retained an attorney in Pearland to defend his criminal case and potential civil suit against Montgomery County. They are also claiming he cannot work and want people to donate to a GOFUNDME for him. Precinct 5 is currently doing an investigation along with the Montgomery County District Attorney’s Office. Berger has been handled by law enforcement before.
He is on parole until 2024 after having his case transferred from Knox County, Ohio in January of 2019, where he was convicted of involuntary manslaughter, felony assault, assault, and tampering with evidence. Ohio considered him as a violent offender.
11/98-THEFT-HARRIS COUNTY
8/99-ASSAULT CAUSING BODILY INJURY-HARRIS COUNTY
2/2000-POSSESSION MARIJUANA-HARRIS COUNTY
4/2000-DRIVING LICENSE SUSPENDED-HARRIS COUNTY
5/2000-POSSESSION MARIJUANA-HARRIS COUNTY
10/2000- CRIMINAL MISCHIEF $500 TO $1500-HARRIS COUNTY
3/2001-CRIMINAL TRESPASS-HARRIS COUNTY
4/2002-INVOLUNTARY MANSLAUGHTER-KNOX COUNTY, OHIO-20 YEARS
4/2002-FELONY ASSAULT-KNOX COUNTY, OHIO-3 YEARS
4/2002-ASSAULT-KNOX COUNTY, OHIO-1.25 YEARS
4/2002-TAMPER WITH EVIDENCE-KNOX COUNTY, OHIO-3 YEARS

2/11/2021 318852 BERGER, GARY ALLEN 31818 SPRING LANES PINEHURST TX 77362 MCSO 1 CRIMINAL JUSTICE DR 21-02-01709 D435 EVADING ARREST DET W/VEH 15000 21-02-01712 D435 HARASSMENT OF PUBLIC SERVANT 30000
BERGER, GARY A.
OHIO STATE PRISON