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Saturday, January 31, 2009

Former St. Paul officer charged with stabbing man he accused of stealing marijuana

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posted by Bob at Saturday, January 31, 2009

2 Comments:

Blogger Bob said...

Berry allegedly accused victim of stealing marijuana
By Mara H. Gottfried
mgottfried@pioneerpress.com
Updated: 01/29/2009 11:44:05 PM CST


Prosecutors charge that a former St. Paul police officer stabbed a man he accused of stealing thousands of dollars' worth of marijuana from him.

Norman Wesley Berry, 52, is charged with second-degree assault and fifth-degree possession of marijuana. He resigned from the St. Paul Police Department in 1993 after he was suspended for assaulting a teen during the Hmong New Year celebration.

In the current case, the Ramsey County attorney's office alleges that Berry told someone he was currently an officer and that the victim told police he was afraid of Berry because he knew he used to be an officer.

Berry is under arrest in Stockton, Calif.

The criminal complaint, filed Wednesday in Ramsey County District Court, gives this account:

On Nov. 19, a St. Paul police officer received information from a confidential informant about a marijuana-growing operation at Berry's home in the 900 block of Fuller Avenue. Police searched the home Dec. 11 and found 6.5 ounces of marijuana and "what was left of a marijuana grow operation," the complaint said. "It appeared that Berry had dismantled the grow operation and was no longer living in his residence."

On Dec. 3, police were called to the 1000 block of Carroll Avenue about a man who had been stabbed. Courtney Allen Bivens, then 26, was "bleeding profusely" from his forearm, the complaint said.

Bivens told police he had gone to the Jimmy Lee Recreation Center, 1063 Iglehart Ave., to play basketball and was confronted by a man he identified as Berry. Berry accused Bivens of breaking into his home and stealing $3,200 worth of marijuana from him. Berry told Bivens to get into his vehicle or he would kill him.

Bivens said he walked with Berry toward his vehicle "and was afraid to run away because he knew Berry, an ex-St. Paul police officer, sometimes carries a 9mm handgun and was afraid Berry would shoot him," the complaint said.

Berry told Bivens to get in the trunk, but Bivens refused. Bivens punched Berry to get away. Berry pulled out a kitchen knife and slashed at Bivens, cutting his arm several times. Bivens ran to a friend's home and called police.

Bivens was taken to Regions Hospital and treated for at least five cuts to his arm. One had cut the ligaments in his hand. He has had several surgeries to restore use of his hand and fingers.

Police later showed Bivens a photo lineup, and he identified Berry, saying he was "110 percent sure" he was the man who had stabbed him, the complaint said.

Bivens denied breaking into Berry's home. He told police he knew Berry grew and sold marijuana because his cousin helps Berry with the grow operation. Bivens also said he helped a female friend move out of Bivens' home three to four months ago and she commented about Berry having "a lot of weed" in the basement, the complaint said.

Bivens told police he heard Berry was "robbed" Nov. 28.

On Nov. 29, Berry went to Bivens' workplace looking for him, Bivens told police. Berry identified himself to Bivens' manager as a St. Paul police officer and said he was looking for Bivens because he had been involved in a robbery.

Sgt. Paul Schnell, St. Paul police spokesman, said Berry has "zero affiliation" with the police department. "Any representations he made about being a police officer are clearly wrong," he said.

Police verified Bivens' account by viewing surveillance video from Bivens' employer. They also spoke with Bivens' manager, who said Berry identified himself as a St. Paul officer. The manager told Berry she didn't know where Bivens was.

Officers went to Berry's home and couldn't find him. They also went to the Greenway Liquor Store in Minneapolis, where Berry worked. The owner told them Berry called Dec. 4 to say he couldn't work that weekend and that he hadn't heard from Berry since.

Police spoke with people Berry had contacted after Bivens was assaulted and learned Berry had "asked them to pack up his things, sell his furniture and send the money to Berry at an address in Iowa," the complaint said.

Officers tried to locate Berry there but believed he had gone to Stockton, Calif.

A warrant was issued when Berry was charged, and police arrested him Wednesday in Stockton. He was booked into the San Joaquin County Jail.

In November 1992, Berry was accused of striking a 16-year-old boy with his baton during the Hmong New Year's Celebration in St. Paul. He was suspended after a homemade videotape showed the officer striking the teen on the back of the head with no apparent provocation. Berry, a St. Paul officer for five years, resigned in March 1993.

Mara H. Gottfried can be reached at 651-228-5262.

9:09 AM  
Blogger Bob said...

I went to school with Howard Bivens. I wonder if the Bivens in this story is related.

9:19 AM  

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