Berryman convicted of theft, assault
November 9, 2004
NEVADA — Former Cyclone football player Jason Berryman was convicted Monday morning of serious misdemeanor assault and felony first-degree theft.
Berryman was originally charged with two counts of second-degree robbery and two counts of first-degree theft but pleaded guilty last month to lesser charges. He was sentenced to a 300-day jail sentence, $1,500 in fines and two years of probation.
Berryman, who has been in jail since his arrest on Aug. 4, told District Court Judge William Pattinson that being a star athlete away from the “sheltered life” he enjoyed in Texas with his family caused him to make a poor decision. He also said he drank too much that night.
“For the past 96 days, I’ve thought about the incident that happened,” Berryman said. “I’ve regretted it every night.”
Berryman, 19, was referring to the night of his arrest, when he stole $4 from Jeffrey Kemble, junior in health and human performance, and punched him in the face before stealing a cell phone from Thomas Peters, junior in mechanical engineering, to prevent him from calling the police.
Kemble has said he asked “What’s up?” as he and Peters passed by Berryman and did nothing to provoke the attack.
Joseph Cahill, Berryman’s attorney, had people close to Berryman testify to establish Berryman’s good character.
“He has always been extremely pleasant, not the pesky little brother you don’t want,” said Kiesha Bey, Berryman’s older sister, of Houston.
Berryman’s mother, a fellow teammate and ISU defensive line coach Mike Nelson also spoke on the former player’s behalf.
“He became a leader on the team,” Nelson said. “It was awesome to have a guy like that.”
Through his secretary, ISU head coach Dan McCarney declined comment Monday.
Cahill said the jail time Berryman has already served was an effective punishment for his crimes, and argued that his virtually clean legal slate should also be considered.
Berryman was already on probation from a deferred judgment for fifth-degree criminal mischief after breaking the driver’s side of his ex-girlfriend’s car during a heated argument May 7.
Despite the pleas from friends, family and Berryman’s attorney, Pattinson was not convinced enough to give a deferred judgment to Berryman and spare him the felony charge.
“This wasn’t a bar fight,” Pattinson said. “This was something different.”
Pattinson’s ruling was met with tears from Berryman’s family.
“You squandered an incredible opportunity and an incredible future for $4 and a cell phone,” Pattinson said. “That makes zero sense.”