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FARMINGTON – A former SAD 9 firefighting instructor pleaded guilty in a plea agreement to gross sexual assault of a 17-year-old girl and allowing a minor to possess or consume alcohol Monday in Franklin County Superior Court.

Justice S. Kirk Studstrup sentenced John “Jack” T. Berry, 52, of Fayette – his residence at the time of the complaint – to three years in prison with all but four months suspended with two years of probation and a $1,000 fine.

He also has to register as a sex offender for 10 years.

Berry is a retired Auburn firefighter.

Assistant District Attorney Andrew Robinson requested Berry serve six months of the three-year sentence in jail. Berry’s lawyer, David Sanders asked that Berry be given a suspended sentence and urged the court to take into consideration his background, the loss off his 30-year marriage, the fact he had no prior criminal record and his community service.

Robinson said if the case went to trial, the court would hear testimony that the teenage victim rode with Berry on a snowmobile to his camp last winter in Franklin County.

The victim had mixed herself a drink with vodka at the camp and then would have a couple more drinks after the two rode to a friend’s camp, he said.

The two then returned to Berry’s camp where the sex act occurred.

The sentencing came after a written statement from the victim was read out loud by a sexual assault victim’s advocate. The girl was a student at the Foster Regional Applied Technology Center in Farmington at the time of the complaint and was acquainted with Berry.

The judge read the girl’s mother’s statement silently.

The victim wrote that she had trusted Berry and that the incident has strained relationships within her family, with firefighters and divided the community.

She wrote that she left the fire department though she loved firefighting, which will be what she does in the military, but that the incident has put her dreams on hold.

Robinson said the victim had feared what happened in the community because Berry has a strong presence and is respected by a lot of people.

Robinson said what happened was a victim’s nightmare and called Berry’s action a betrayal of trust.

Sanders said Berry has taken responsibility for his actions, resigned from his teaching position, and has done nothing to minimize what happened.

Berry has contributed much to society including being in the fire service for most of his life and retiring in 2003 as deputy chief in the Auburn Fire Department, after more than 20 years of service there, Sanders said. He continued to train firefighters and fight fires even after retirement.

Sander’s also said at one point that the victim was of legal age for a consensual relationship and the one-time incident had nothing to do with Berry being in a teaching position with the school.

“He acknowledged wrong-doing immediately,” Sanders said, and he has never backed away from that statement.

More than 15 people sat in the courtroom supporting Berry, including some of his former firefighter students, colleagues and Berry’s daughter speaking on his behalf. They said Berry taught them a lot, they respected him, never saw him harass anyone, and was a hero after being seriously burned as a young firefighter trying to save a Jay woman’s life.

Berry stood up in court and apologized to those in the courtroom including the state, his family and the victim and her family.

“I failed,” Berry said. “I made a mistake. I did wrong.”

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