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Spearfish man charged with vehicular homicide in Orman Dam death

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Timothy D. Berry is out on $10,000 bail after being charged with vehicular homicide in connection with the death of a friend near Orman Dam early Sunday morning.

Spearfish's Billy J. Sexton III, 18, was killed due to injuries suffered when he was run over by the truck being driven by Berry. Berry was arrested after the incident, and preliminary bond was set at $10,000 cash or surety. The 18-year-old Berry of Spearfish was also charged with driving under the influence, underage drinking and no proof of financial responsibility.

According to a South Dakota Highway Patrol affidavit, Berry was driving near Orman Dam on Owl Creek Road near the Arpan Road junction at about 2:30 a.m. Sunday.

The police report states the passenger, Billy J. Sexton III of Spearfish, was sitting on outside of the passenger door holding onto the handhold on the "A" pillar of the vehicle.

The handle broke; Sexton fell from the vehicle and was run over by the right rear tire.

Sexton was pronounced dead at Spearfish Regional Hospital.

Vehicular homicide is a Class 3 felony which carries a maximum penalty of 15 years, a $30,000 fine and mandatory revocation of driving privileges for not less than 10 years, according to Butte County State's Attorney Tim Vander Heide.

Berry is to be scheduled for an initial appearance before the judge. Regular hearings for first appearances are scheduled at 8:30 a.m. Fridays.

"It's obviously tragic all the way around," said Vander Heide. "Alcohol and driving do not mix, and I wish people would get that."

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