Berry sentencing: Jury recommends death penalty

MOBILE, Ala. (WALA) - The jury recommended the death penalty in the Michael Berry capital murder case.  Berry was found guilty of killing his estranged wife in front of her four children, while at an ATM in May 2010.

Mobile County District Attorney Ashley Rich said nothing about this case has been easy.

“I’m sure it was very difficult for the jury to make this decision,” said Rich.

Rich gave an emotional closing statement to the jury before they were released to deliberate the decision. She told the jury the crime was heinous, atrocious and cruel and the penalty for this type of crime is death.

"Anyone of her babies could have been shot and killed that night, and they all watched in horror as their mother was brutally killed. And they watched their mother take her last breath. It was very difficult,” Rich said.

In closing arguments, Berry’s defense team asked the jury to spare his life. Defense argued that Berry “committed a horrible act, but is not a horrible man.”

About an hour before the jury passed down its decision, they asked to watch the bank’s surveillance video showing Stevens’ murder a second time. They viewed once during the trial.

The defense said it could not overcome the video used as evidence in the states case.

“It was kind of hard to overcome. The actual crime caught on tape. Michael Berry is a good man. (He’s) 45 years old; never been in trouble. We will continue to try to convince the court to do something besides death,” said Defense Attorney Sid Harrell.