PIERRE, (KCCR) — A plea agreement appears to be in the works in a Hughes County vehicular homicide case. In July, 38 year-old Zachary Berger of Inidanola, Iowa was indicted by a Hughes County grand jury on multiple charges including Vehicular Homicide, Second Degree Manslaughter, Abuse or Cruelty to a Minor, Driving Under the Influence and several seat belt violations. Berger is facing the charges as the result of a fatal U-T-V crash on the 4th of July that killed a nine year-old girl. In a plea agreement filed Friday in Hughes County, Berger is agreeing to plead guilty to the Second Degree Manslaughter charge and an amended Part II Habitual Offender Information. Second Degree Manslaughter is a Class Four felony with a maximum penalty of 10 years in prison and a 20-thousand dollar fine. The Habitual Offender information would enhance the penalty to a Class Three felony, with a max penalty of 15 years in prison and 30-thousand dollar fine. Per the agreement, prosecutors would cap the recommend prison term to 15 years with five suspended. The judge in the case can deviate from the plea recommendations. Berger is scheduled to appear in court Tuesday.
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