An Indianola, Iowa man has pleaded guilty to second-degree manslaughter in the death of his 9-year-old daughter, who was killed when a UTV he was driving crashed near Pierre, South Dakota on the Fourth of July. Zachary Berger, 38, entered the plea Thursday in Hughes County Circuit Court, and also admitted to a habitual-offender filing tied to two prior felony convictions in Iowa, according to prosecutors.
The crash happened near Spring Creek in northwest Hughes County, as reported by KCCR Radio. The UTV crash killed Berger's 9-year-old daughter, according to KELOLAND News. Earlier reporting from KELO-AM indicated Berger drove the vehicle beyond the speed limit before it flipped and landed on his daughter.
Habitual-Offender Admission Raises Maximum Sentence
Berger admitted before Sixth Circuit Judge Christina Klinger to two prior felony convictions out of Black Hawk County, Iowa — one for burglary and a separate conviction for felony domestic abuse, the station's report states. That admission to an amended Part II Habitual Offender Information came as part of Thursday's plea, according to a statement from the South Dakota Attorney General's Office carried on EIN Presswire.
That filing increases Berger's maximum possible sentence to 15 years in prison, per the same announcement. It marks a shift from earlier case coverage: KELOLAND News had reported that a habitual-offender finding tied to three prior Iowa felony convictions could have exposed Berger to a maximum sentence of life in prison before the plea agreement was reached.
Remaining Charges Dismissed, Sentencing Set for Year-End
Under the agreement, all remaining charges against Berger are being dismissed, the same outlet notes. Judge Klinger has ordered a presentence investigation ahead of sentencing, which is scheduled for Dec. 31, according to the Attorney General's announcement.
The crash was investigated by the South Dakota Highway Patrol, the Hughes County Sheriff's Office, and South Dakota Game, Fish and Parks, with the South Dakota Attorney General's Office prosecuting the case, per the announcement.
UTV Crashes Remain a Risk for Young Children
The case echoes broader safety concerns researchers have flagged around utility task vehicles. A study examining Iowa UTV crashes from 2002 through 2019 identified 448 injured individuals, with crash numbers increasing over time, according to research published in Injury Epidemiology. Most of those incidents — 70 percent — were non-collision events such as rollovers, and 6 percent of those involved died, the study found.
Separately, an Iowa child death review has noted that children under 15 were more likely to die in situations where they were outside a vehicle or riding in an off-highway vehicle such as an ATV or UTV, according to a report from the Iowa Legislature.
