Driver in fatal accident convicted on lesser charge

HENRICO, VA (WWBT) - A judge found a Henrico woman guilty to a lesser charge Thursday in the motorcycle accident that killed a Henrico Police officer this summer.

Fifty-nine year-old Ann Key was convicted for failing to yield. She was initially charged with reckless driving after the officer collided with her SUV.

Key says she looked to her left and then to her right before driving out onto John Rolfe Parkway. She didn't look back to her left and missed seeing Officer Thomas Berry Junior on his motorcycle. All sides seem to agree this was a terrible accident.

Friends and family of the driver are relieved a judge convicted Key of a lesser charge.

Berry's family members were visibly upset. Berry's ex-wife was too emotional to talk after the verdict.

"I have his 4 children. I'm his ex-wife. I don't want to talk," she said.

A judge decided there was nothing reckless about Key's driving.  She simply made a mistake when she pulled out of this shopping strip.

"All things considered, reckless driving would have been extreme," said Key's friend Jim Porter.  "I thought he handled the case not with emotion, but with the facts, and I thought honestly it was fair."

The judge said this entire ordeal has been difficult for everyone involved.

"I talked to her yesterday morning and she was so distraught," Porter said.  "I won't divulge exactly what she said but I don't think she'll ever get over it."

Key had a perfect driving record before the accident. A judge ruled key pay $250 and court costs.

Copyright 2011 WWBT NBC12. All rights reserved.