Highway Patrol use DNA forensics to arrest suspect involved in 2022 DUI fatality

The Nevada State Police Highway Patrol said a suspect is in custody for his involvement in a fatal rollover crash that happened in 2022.

Highway Patrol said 41-year-old Damian Berry was arrested on Aug. 8, 2024, in Las Vegas after DNA forensics determined him to be the driver involved in the rollover in Pahrump in 2022.

This story serves as a reminder to never drive under the influence of drugs or alcohol. It is illegal and dangerous. Highway Patrol said your safety is a priority.

On Sept. 11, 2022, the Nye County Sheriff's Office said they responded to a rollover crash involving a 1993 Chevrolet Classic at Bourbon Street and Hall Avenue in Pahrump.

Authorities said emergency medical services responded and started life-saving measures for the two unrestrained occupants: Damian Berry and 53-year-old Michael Kilgore.

Kilgore was pronounced dead at the scene by medical personnel, and Berry was airlifted to University Medical Center (UMC).

At the time, responders could not determine who was driving the vehicle. Due to the crash resulting in a fatality, Nye County officials requested an investigation from Highway Patrol.

Investigators followed up with Berry at UMC, where they said he displayed outward signs of impairment and admitted to consuming alcohol. An analysis of his blood revealed a blood alcohol content of 0.14 — nearly twice the legal limit in the State of Nevada — and marijuana in his system.

Limited information at the time of the crash could not pinpoint who was driving the Chevrolet, so authorities relied on DNA forensics to identify the driver and passenger. Investigators said they also underwent extensive efforts following the on-scene investigation — ultimately determining Berry as the driver.

Nearly two years later, on July 20, 2024, an arrest warrant for Berry was issued through the Pahrump Justice Court. He was arrested for Vehicular Homicide on Aug. 8, 2024, in Las Vegas and booked into the Clark County Detention Center. Then, on Aug. 15, he was transferred to the Nye County Detention Center where he remains with a $500,000 bail.