Indictment follows holiday weekend crash north of Pierre
The Hughes County grand jury has indicted 38-year-old Zachary Berger of Indianola in connection with a July 4 crash north of Pierre that resulted in the death of a 9-year-old girl. Prosecutors filed a slate of charges that include serious felonies and multiple vehicle- and child-related offenses.
Authorities allege Berger was operating a 2008 Polaris Ranger utility vehicle on Spring Creek Drive when the incident occurred. A 16-year-old boy who was also in the vehicle suffered minor injuries. Berger is currently being held on a $50,000 cash bond, and his next court date is scheduled for July 28.
Charges and potential penalties
The indictment from the South Dakota Attorney General’s Office lists the following counts:
- Vehicular homicide
- Second-degree manslaughter
- Two counts of abuse or cruelty to a minor
- Two counts of driving under the influence
- Multiple seatbelt-related offenses
Prosecutors have also alleged Berger is a habitual offender based on prior felony convictions. If the habitual-offender allegation is proven at trial, prosecutors say the maximum penalties for the felony counts could rise substantially, potentially up to life in prison.
| Item | Detail |
|---|---|
| Date of crash | July 4 |
| Location | Spring Creek Drive, north of Pierre |
| Vehicle | 2008 Polaris Ranger |
| Dead | 9-year-old girl |
| Injured | 16-year-old boy (minor injuries) |
| Bond | $50,000 cash |
| Next court date | July 28 |
Agencies involved in the investigation
The crash was investigated by multiple state and local agencies. Those involved include:
- South Dakota Highway Patrol
- Hughes County Sheriff’s Office
- South Dakota Game, Fish and Parks
The combination of agencies reflects the multi-jurisdictional nature of traffic and recreational-vehicle incidents in the state. ATV and utility-vehicle crashes have drawn attention across South Dakota in recent years, especially when they involve young passengers or occur on rural roadways near towns such as Pierre.
Legal proceedings will determine whether prosecutors can prove the habitual-offender allegation and secure convictions on the felony counts. For now, the indictment sets the case on a criminal track with potentially severe consequences if convictions follow.
Anyone with information about the crash who has not already spoken with investigators should contact the agencies handling the inquiry.
