Etna man receives 7-to-9-year sentence for last year's shooting death of nephew

NEWARK − An Etna man received a sentence of 7 to 9 years Tuesday in Licking County Common Pleas Court for the shooting death of his nephew last year in Etna.

Dorrian S. Brown, 53, pleaded guilty to voluntary manslaughter in connection with the June 8 death of Delmar Berry, 44, in the home of Sherri Pleasant, Brown's girlfriend, at 75 Gala Ave.

Initially, Brown was charged with one count of murder. As the result of a negotiated plea agreement, prosecutors amended the charge to voluntary manslaughter, a first-degree felony, and Brown agreed to plead guilty to the amended charge.

Prosecuting attorney Cliff Murphy said five shots were fired, with four of them hitting Berry in the chest, arm and back.

Brown asked for a six-year sentence, three on the voluntary manslaughter charge and three for a mandatory gun specification. Judge Thomas Marcelain, however, gave him four to six years years on the manslaughter charge.

Defense attorney Diane Menashe stated in a memorandum to the court that a confrontation occurred between the two men when Brown came home from work. Berry was angry, drunk and yelling at Brown, Menashe said.

Brown went upstairs and got his gun and came back downstairs, where the confrontation continued. Later, Berry said he was going to kill Brown, then lunged at Brown. It was then that Brown grabbed his gun and fired multiple shots, according to Menashe. Brown called 911 and reported he shot someone in self-defense.

In a 911 call obtained by The Advocate through a public records request, a man who identified himself as Brown told a dispatcher he and Berry were having a disagreement.

"My nephew, he's drunk," Brown told the dispatcher. "He came at me like he was going to kill me. I had to defend myself."

Berry was dead when Licking County Sheriff's deputies arrived at the scene.

Brown temporarily let Berry and Berry’s two daughters stay at his house, Menashe said.

The dispute, Murphy said, was that Berry was in the process of moving his wife, Tamu Berry, and children from the East Coast to come live at the Etna residence, but Brown did not want them moving in. The victim, whose wife is in New Jersey, moved here to get away from crime on the East Coast, Murphy said.

According to a memorandum from the prosecuting attorney, Pleasant said the victim told Brown, "You expect me to be out in a month. God is going to punish you."

Pleasant said she stepped between the two men to end the argument, and it worked temporarily, with the pair hugging. After Pleasant left the room, Brown said he pushed Berry and the victim threatened to kill Brown.

Murphy asked the court to impose more than the minimum sentence because Brown fired five shots while pursuing an unarmed victim who was retreating.

kmallett@newarkadvocate.com

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Twitter: @kmallett1958

This article originally appeared on Newark Advocate: Etna man gets at least 7 years for 2022 shooting death of nephew