A Leechburg man will serve two years on probation after he was sentenced Tuesday for an incident that left his live-in girlfriend wounded after being shot in the face during a drunken game of Russian Roulette.

Roy Edward Berry Jr., 50, was convicted of five misdemeanor counts of reckless endangerment following a nonjury trial in May on charges filed in connection with the May 5, 2019, shooting incident at the home he shared with his girlfriend, who suffered facial injuries after the couple argued over his request for sex.

Westmoreland County Common Pleas Court Judge Megan Bilik-DeFazio after hearing evidence at the May trial found Berry not guilty of a more serious charge of aggravated assault. In court on Tuesday, the judge said the incident did not constitute a case of domestic violence, a finding that will allow Berry to continue to own guns.

Testimony at the trial revealed that Berry and his girlfriend, with whom he still resides, sat together on a couch when he picked up a 9mm semiautomatic pistol from a nearby coffee table, held the weapon up to his head and fired one round. The shot grazed off the top of Berry’s head and struck King in her right cheek. The bullet traveled through her mouth and exited through her left cheek before it struck a nearby lamp.

Two children and another man was in the home at the time of the shooting.

Berry said the couple had been drinking and that he believed the gun was not loaded.

“It was out of my character,” Berry said Tuesday. “I honestly don’t remember what happened that night. I was drinking. I thought I was a good gun owner. I am truly sorry and I wish I could take it back.”

Bilik-DeFazio rejected the prosecution’s request that Berry serve time in jail and instead ordered a probationary term that also includes one year on house arrest.

“I hope I am not wrong but I don’t expect to see you back here. I don’t think a period of incarceration is merited,” Bilik-DeFazio said.

As a condition of the sentence, Berry was ordered to undergo a drug and alcohol evaluation, complete any recommended treatment and have no abusive contact with his girlfriend.

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