By Becky Campbell
Press Staff Writer
bcampbell@johnsoncitypress.com
A Washington County jury convicted a Johnson City man of criminally negligent homicide for the death of his girlfriend who fell from his vehicle on Greenwood Drive.
Today marks the two-year anniversary of Francis Elizabeth “Frannie” Berry’s death, which came 15 months after she bashed her head on the pavement when she fell from Chris Vigil’s Corvette.
Vigil, 38, was charged with reckless homicide, but the jury found him guilty of the lesser charge. Vigil was taken into custody immediately after the verdict.
Jurors spent most of the second day of trial watching a lengthy video of Vigil’s police interview on April 13, 2007, the day Berry fell from his car.
Vigil didn’t testify and his attorneys, Mark Slagle and Jonathan Minga, didn’t present evidence in the case, but relied on what Slagle said was a lack of evidence for the jury to convict his client.
In his closing arguments, Slagle pointed to Berry as having responsibility for her “demise.” He said Berry’s death, while tragic, was an accident.
“There is no proof to show he shoved her out of that car,” Slagle said.
Vigil told investigators he panicked and was “frantic” after Berry fell onto the road.
In his statement to police, Vigil said he believed Berry’s feet hit the pavement and that pulled her out of the car.
No witness actually saw Berry come out of the car, but a clerk working at the Appco on Greenwood Drive testified Vigil and Berry were arguing inside the store before Berry was injured.
That witness said he saw Vigil raise his hand to Berry, but didn’t see him strike her. The defense contended the two were arguing, but there was no fight inside the car.
Slagle said a witness who saw Vigil holding onto Berry’s hair indicated he was trying to pull herback into the car.
But Assistant District Attorney General Janet Hardin told jurors in her closing arguments there was sufficient evidence to believe Vigil’s reckless behavior directly contributed to Berry’s death.
“I am not telling you he intentionally pushed her out of the car. That would be a different crime,” Hardin said. “Give her the measure of justice she deserves.”
The jury deliberated about an hour before returning the verdict.
After the trial, Hardin said she was pleased with the verdict.
Criminally negligent homicide is a Class E felony with a sentence range of one to six years. If a background investigation shows no prior felony convictions for Vigil, he’ll face one to two years in prison with 30 percent service.
Brown set a Sept. 8 sentencing hearing.
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