Xenia man pleads guilty in incident leading to officers shooting him

Credit: DaytonDailyNews

A Xenia man has pleaded guilty as charged after he was accused of shooting at his apartment manager, then raised his gun toward police before officers shot him in 2024.

Kyle Eugene Berry, 24, pleaded guilty in Greene County Common Pleas Court to two counts of felonious assault, each with a three-year firearm specification.

Kyle Berry

Credit: Greene County Jail

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Credit: Greene County Jail

The charges could result in nine to 25 years in prison, according to the Greene County Prosecutor’s Office.

He is scheduled to be sentenced April 2.

Police were called around 7:25 p.m. June 30, 2024 to an apartment complex in the 100 block of South Orange Street in Xenia, south of where Bellbrook Avenue dead-ends into West Second Street.

The prosecutor’s office said that Berry left his apartment with a loaded .45 caliber handgun, then shot at a garage on an adjacent property and at a vehicle in the complex’s parking lot, shattering both front windows. The apartment manager called 911.

As officers were arriving, Berry reported shot at the apartment manager, who took cover inside the building and was not injured, the prosecutor’s office said.

Two officers then confronted Berry.

Video released by the Xenia Police Department show Berry walk out of his apartment and fire two gunshots across the parking lot, then pointing the gun at the building.

In police cruiser and body camera footage, officers can be heard ordering Berry to drop the gun, and when he raises it toward them, they fire six shots.

According to the prosecutor’s office, Berry was hit once, and officers gave first aid until medics arrived to take him to the hospital.

An investigation into the incident by the Ohio Bureau of Criminal Investigation determined the officers used appropriate force, the prosecutor’s office said.

Staff writers London Bishop and Jen Balduf contributed to this report.

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