Another inquiry may look into alleged Michael Berry hit-and-run

Talk-show host and former councilman Michael Berry has not been charged in the Jan. 31 accident. Talk-show host and former councilman Michael Berry has not been charged in the Jan. 31 accident. Photo: Johnny Hanson Photo: Johnny Hanson Image 1 of / 1 Caption Close Another inquiry may look into alleged Michael Berry hit-and-run 1 / 1 Back to Gallery

A police source familiar with the investigation into a hit-and-run accident linked to former city councilman and radio talk show host Michael Berry said Houston Police Chief Charles McClelland is upset with the handling of the high-profile probe and is expected to order an internal affairs inquiry.

Berry has not been charged over the Jan. 31 accident, but HPD's crash report identified a car registered to him as the vehicle suspected in the crash. The owner of the car that was struck said Berry backed into his vehicle outside a gay bar in Montrose.

After the accident division reviewed an initial report from a patrol officer, it was assigned to an investigating officer, said the source, who did not want to be identified because he wasn't authorized to speak about the matter.

That officer took his case findings to the Harris County District Attorney's Office, but presented only minimal evidence to support the hit-and-run charges, the source said.

But due to media reports quoting witnesses and citing other evidence, prosecutors have asked police to take another look, the source said.

McClelland has said he would not comment on an investigation where a suspect has not been named or charged. However, the police source said the chief is expected to order an internal affairs review of the investigation.

HPD patrol officers sent a "significant event notification" the night of the incident alerting the department that Berry's vehicle allegedly hit a car parked outside the bar, according to a police document obtained by the Houston Chronicle.

"Patrol wanted hit and run to be aware of the case should the incident create media interest," the notification reads.

Berry did not return several calls and e-mails and was not available at his home Friday.

However, on his radio show Thursday, he expressed anger about a situation he did not explain, but concerned him being "smeared" and criticized.

"I do not take things being said about me lying down, and I won't," Berry said, adding that in time he would say more. "Just hold your judgment. That's all I ask."

Houston defense attorney Dick DeGuerin confirmed Friday he has been hired to represent Berry.

"It's much ado about nothing, it seems to me," DeGuerin said. He declined further comment.

The alleged hit-and-run occurred around 11 p.m. Jan. 31 in the 2400 block of Converse near Hyde Park outside TC's Show Bar, a gay bar. Tuderia Bennett, a bouncer at TC's, said he was on the front patio that night and saw a black Chevrolet Tahoe traveling south on Converse.

When the Tahoe came to the intersection at Hyde Park, the vehicle suddenly went into reverse, driving backward about 70 feet before running into Bennett's Volkswagen Passat, parked across the street from TC's, according to the crash report.

The driver of the Tahoe left the scene, Bennett said.

He said the Tahoe circled back around the block two more times, passed the crash, but still did not stop.

Bennett was able to get the vehicle's license plate and recognized the driver as a customer entering the bar that night.

Bennett was later able to identify the driver of the Tahoe as Berry.

Although he had no idea who Berry was, Bennett said he was able to identity him as the man who crashed into his car.

A police officer making a report about the incident showed him a picture of the conservative radio talk show host using a cell phone.

james.pinkerton@chron.com

anita.hassan@chron.com