No charges against St. Paul lawyer in fatal collision

The man who struck and killed Scott Spoo was not on his cell phone and was not grossly negligent at the time of the accident, so no felony charges will be filed against him, Hennepin county Attorney Mike Freeman announced Wednesday.

Peter Berge also had no chemicals or alcohol in his system when he struck Spoo at 4:39 p.m. on Feb. 22, 2017 at the intersection of Mississippi River Boulevard and Dayton Avenue in St. Paul. While the death was investigated by the St. Paul Police Department, the case was reviewed by the Hennepin County Attorney’s Office so the Ramsey County Attorney’s Office could avoid a conflict of interest.

In declining to file charges, prosecutors relied on witness statements and accident reconstruction. That evidence indicated that Berge was driving slightly more than 30 miles per hour where the speed limit was 25. Several times he drifted into the on-coming traffic lane, but corrected back into his lane.

A search of Berge’s cell phone found that he had not been on his phone since 4:26 p.m. Berge immediately stopped his car and police did field sobriety tests. He failed tests that required balance.

However, two days after the incident, Berge went to the hospital. An MRI found a massive tumor on his brain.

“This is a tragic and sad case,” Freeman said. “We extend our deepest sympathies to Mr. Spoo’s family. Had Mr. Berge been drinking or if he had fled the scene we could have charged him with criminal vehicular homicide. That was not the case. There was no evidence of gross negligence, either.”