Seal of the Suffolk County District Attorney's Office




JURY CONVICTS IN BEVERLY OFFICER’S TRIAL

March 20, 2008

A Peabody District Court jury today convicted a Beverly Police officer of motor vehicle homicide charges in connection with the death last year of a 61-year-old woman in a collision outside her Cabot Street home.

The verdict came after about five hours of deliberation by jurors who heard testimony over the course of three days. Prosecutors alleged that STUART MERRY, 41, was operating negligently when his cruiser slammed into a car occupied by Bonney Burns shortly after 9:00 a.m. on Jan. 20, 2007. The force of the impact pushed her car up and onto the sidewalk, killing her and knocking Merry unconscious.

Peabody District Court Judge Robert Brennan will sentence Merry on April 7. Merry was released on his own recognizance pending those proceedings.

Suffolk County Assistant District Attorney Nicholas Walsh prosecuted the Essex County case to avoid even the appearance of a conflict of interest.

Jurors heard opening statements Monday and closing arguments yesterday with the testimony of fellow officers, civilian witnesses, collision analysis experts, and medical professionals in between. Evidence introduced at trial indicated that Merry was traveling significantly faster than the 30 mph speed limit allowed.

In addition to the motor vehicle homicide charge, Merry also faces a single count of operating without a license because his driver’s license had expired the day before. He was also charged with speeding and a marked lane violation – civil infractions that will not be addressed in criminal court.

Merry was represented by attorney Neil Rossman.