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Lieutenant won't seek charges in altercation

By Jeremy P. Kelley

Staff Writer

Saturday, October 11, 2008

XENIA — An altercation involving the wife of Greene County Sheriff's Chief Deputy Mark Berry and a female sheriff's lieutenant apparently will result in no charges.

In a report filed by Xenia police, Lt. Robin Hites said Rita Berry entered her office Sept. 16, threatened her and her family, then grabbed and pulled her hair.

The report said Hites pulled Berry's hand away and told her she would file charges, at which point Berry and her granddaughter left the building at 120 E. Main St.

Sheriff Gene Fischer said his office sent a letter to Rita Berry advising her that "she has forfeited her rights to come into our office."

Asked about the incident Friday, Oct. 10, Berry declined comment.

Sheriff's Capt. Eric Spicer said Chief Deputy Mark Berry has been off duty since late June because of a serious medical condition.

Hites decided the day after the incident not to pursue charges, according to Xenia police Capt. Dan Donahue, so the case was closed. Xenia Prosecutor Ron Lewis confirmed the case was never presented to him.

Spicer said the sheriff's office did not try to influence how to handle the case.

"We've never discussed with (Hites) what she's going to do or not do," he said. "In fact, we directed her to the Xenia police division and Xenia prosecutor's office."

Hites could not be reached for comment Friday.

Contact this reporter at (937)

225-2278 or jkelley@Dayton

DailyNews.com.

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