WEST CHESTER TWP., Ohio — A former West Chester Township police officer will serve time in community control rather than going to prison for tampering with evidence in a death investigation.
On Monday, Butler County judge Kelly Heile sentenced Michelle Berling, 47, to five years of community control. This means she will serve her time under probation and through monthly community service. Heile ruled if Berling violated any of the conditions of her sentence, she could face up to 36 months in prison.
"I think Judge Heile was very fair in what she did," Berling's attorney Stew Matthews said. "Appreciate it very much and Michelle appreciates it and I think it was appropriate and justice was served."
Berling pleaded guilty to one tampering charge, a third-degree felony, in January, and the others were dismissed in exchange for the plea.
According to Butler County Prosecutor Michael Gmoser, Berling altered Flock camera data and images involving the death investigation of Brittany Sands in June on Schumacher Park Drive.
“She panicked and did the wrong thing for self-preservation purposes. It potentially hurt an investigation; we will never know for sure,” Gmoser previously said to our news partner, Journal-News. “That is the charge I would not reduce (or dismiss).”
Berling was placed on paid administrative leave and was suspended from all police duties in August when the investigation began,according to a report from our news partner, Journal-News. She later resigned.
"Ms. Berling made a mistake in failing to pull the license plate reader information as requested by Detective Farris. because of that mistake, there are questions in the death of Brittany Sands that may never be answered and Ms. Sands' family is here suffering because of that," Heile said. "However Ms. Berling is not before this court for that terrible mistake. Ms. Berling is here because she made a conscious decision to then create false records to cover up her mistake. That action now calls into question the integrity of the entire investigation, negatively impacts the West Chester Police Department and law enforcement in general."
The court received several victim impact statements from both sides, some in support of Berling and others from Sands' family. In a letter to the judge, Rebecca McMurray, Sands' mother, asked for truth and transparency.
"While I do not blame Officer Michelle Berling for my daughter's death, the actions that she took — tampering with evidence and misusing law enforcement tools — had added an unnecessary layer of pain to an already unbearable situation," McMurray said.
The still-grieving mother was joined by family Monday. They spoke with WCPO outside and the courtroom to express their frustration with Berling's sentence.
"You know, I'm not shocked. I knew it before I even came here," McMurray said."I didn't really consider it a sentence considering she only got the $25-a-month fee she has to pay, and five years probation yet she could have held the key to the only evidence that would have answered the questions that we've had all along of what happened to her. Of what happened to my daughter, Brittany Sands."
WCPO reached out to West Chester officials Monday about the status of Sand's death investigation. A spokesperson said the case is currently inactive and that Sands' death was ruled an accidental overdose.
Medical records show Berling has dealt with mental health issues. She told Helie on Monday she's been suffering from post-traumatic stress disorder (PTSD) for a while and that she's been working on it.
Heile said she considered Berling's mental health struggles when handing down her sentence. The judge also said she recognized Berling's "genuine remorse through letters in taking responsibility" — a sentiment Brittant Sands' family said they've seen none of.
"Especially today. She kind of had the confidence differently than the previous two cases. And I saw that confidence when she was giggling and smiling before court," Sands' sister-in-law, Ashley McMurray said. "In court she still did not address the family, apologize to the family. Still. When today was the last day to do it."
"Not verbally or via email or handwritten letter — anything — has she ever apologized. We have never seen her display any kind of remorse," Rebecca McMurray said. "I definitely feel that we deserve, and as a family, demand an apology."
Berling did not look at Sands' mother as she read her victim impact statement in court.
Berling had a 22-year career with the West Chester Police Department. Before her time on the force, she spent several years with the Butler County Sheriff's Office and West Chester Fire Department.
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