A man who pleaded guilty to two assaults committed in Reston last year could face additional jail time for those crimes following his arrest last week in Arlington.
Koby Berry, 28, was charged with assault and attempted abduction with the intent to defile by Arlington County police last Thursday (May 7) after he allegedly covered the mouth of a woman and tried to push her further into a bathroom at a Pentagon City shopping center the previous day.
Police said the woman “was able to get away from the suspect, run from the bathroom and yell for assistance,” ARLnow and other news outlets reported.
“The suspect fled the scene on foot and an employee called police, provided a description of the suspect and the direction he fled in,” the Arlington County Police Department (ACPD) said in a press release. “Responding officers located the suspect at Virginia Highlands Park and took him into custody.”
ACPD identified Berry as its suspect and said detectives were looking for other potential other victims.
The Fairfax County Police Department had arrested Berry on Nov. 15 of last year after he was reportedly caught on video touching a woman “inappropriately” in the Giant grocery store at North Point Village Center in Reston on the morning of Nov. 11.
When publicly announcing the arrest on Nov. 20, the FCPD said Berry was also behind:
- An Oct. 30 assault of a female bicyclist on the Washington & Old Dominion Trail
- A Nov. 1 indecent exposure at a hotel on Sunset Hills Road, likely the Extended Stay America near Reston Town Center West
- An assault of a man on the W&OD Trail on Nov. 9, when he also allegedly took a woman’s phone near Hunter Mill Road
Berry was arrested on Nov. 9 for that incidents reported that day and charged with simple assault and grand larceny, but he was released on his own recognizance after an arraignment on Nov. 10, Fairfax County General District Court records showed.
Berry was charged with misdemeanor assaults for the Giant and Oct. 30 bicyclist encounter, along with indecent exposure and trespassing for the hotel incident.
Court records show that the larceny, trespassing and indecent exposure charges were ultimately dropped, as was the assault charge for the bicyclist incident, in which police said Berry “jumped” in front of her and “tackled her off her bike before fleeing.”
The Fairfax County Commonwealth’s Attorney’s Office decided not to proceed with some of the charges, because the victims weren’t present to testify in court, spokesperson Laura Birnbaum told FFXnow.
According to the CA’s office, the victim of the indecent exposure at the hotel “was very involved in the prosecution process” but, as an out-of-state resident, couldn’t come to court “due to an illness.”
“When a judge refused to allow prosecutors to continue the matter to a later date, the case was nolle prossed (on Feb 3) and then brought back … to attempt to continue with prosecution,” Birnbaum explained. “Unfortunately, the victim was still unable to travel to Virginia and a judge dismissed it on April 24. We do not have the ability to subpoena out-of-state witnesses for misdemeanor cases.”
Berry ultimately pleaded guilty on April 24 to assault and battery for striking the man on the W&OD Trail on Nov. 9, receiving an 180-day jail sentence that was suspended.
He also did not contest the assault charge for grabbing the woman at Giant, a case that was initially dropped and then reinstated once the victim was able to testify, according to the prosecutors’ office. Berry was sentenced on April 27 to 120 days in jail that were suspended as part of a plea agreement.
In both cases, Birnbaum says the sentences were suspended because Berry “served jailtime while the case was progressing.” He was also ordered to remain on supervised probation for two years — one for each charge — and is receiving mental health services through the U.S. Department of Veteran Affairs.
“The defendant is a US veteran who was charged last fall in several incidents against strangers over a short period of time, alarming the public,” Birnbaum said. “Multiple victims recognized that the defendant had mental health issues and wanted him to receive treatment and be supervised in some fashion.”
Berry’s arrest in Arlington, however, would count as a violation of his probation, triggering a notice to the Fairfax County judge and a revocation hearing that could result in some of the suspended jail time being imposed. That would likely be handled after the case in Arlington is resolved.
Currently in custody in Arlington’s jail, Berry is scheduled to appear before that county’s general district court for a status review on Friday (May 15), followed by a preliminary hearing on July 9, according to court records.
Screenshot via Google Maps
