‘Absolutely nauseating’: Sewage operator gets 5 days in jail for dumping on neighbor’s property

MONTROSS, Va. — Douglas Berry, a former sewage operator, pleaded no contest to three misdemeanor charges Tuesday morning in Westmoreland County. As part of a negotiated plea deal, he will serve five days behind bars and pay a $500 fine. Neighbors impacted by his actions say they do not believe justice was served.

Berry had little to say after the hearing, offering only "no comment."

The charges stem from an October 2024 incident in which investigators say Berry dumped sewage onto a neighbor's property and then set fire to the area.

The misdemeanors related to violations of health board regulations and failure to report the dumping of sewage.

Neighbors say the deal falls far short of accountability.

"Not, not justice, not justice at all, but not shocking," Ashley McGill, whose property the sewage was dumped on, said.

"Absolutely nauseating," JoAnne Adams, an impacted neighbor, said.

Diane Lomax was direct when asked whether she though the penalty was appropriate.

"No, I do not. Not at all. With all the dumping, the burning, my kid, my grandkids stepping in it, we got to live with it every day. No, it's not justice at all,” Lomax, an impacted neighbor, said.

The Commonwealth opted not to move forward with two felony charges against Berry. Prosecutors nolle prossed a commercial fraud against the government charge and outright dismissed a malicious set fire to wood and grass charge.

The fire charge related to a fire reported to the health department the day after state officials observed evidence of raw sewage on the property of Sam and Ashley McGill. The caller reported that Berry "had set fire to the area where the state representatives had previously observed the sewage."

Westmoreland Commonwealth's Attorney Chris Robison said a firefighter was prepared to testify for the defense that the fire was a controlled burn, and he felt he could not sustain the charge. When pressed about whether the firefighter provided any records backing up that claim, Robison said no.

When asked whether Adams believed it was a controlled burn, she said, "Absolutely not."

As for the fraud charge, Robison said he could not prove the fraud with the information he had. He stood by the plea deal, saying he re-reviewed the file since Friday and felt the outcome was “just” based on what the Commonwealth could prove.

CBS 6 exclusively reported on the incident in August of last year, after the Virginia Department of Health determined at least 20,000 gallons of sewage were "unaccounted for" from Berry's operation over a six-month period. One month later, Westmoreland County pressed criminal charges against him.

"CBS 6 has been the only ones that have been behind us all the way and helped get this out there and helped you know tell the truth. If it wasn't for you guys, we probably wouldn't even be where we are today,” Ashley McGill said.

Earlier this year, the state revoked Berry's sewage operator license and revoked his company's sewage handling permit.

While the neighbors directly impacted by Berry's actions were not pleased with the plea deal, they are holding out hope that federal authorities may one day take action.

"Hopefully someday, you know, the people of Westmoreland and ourselves will have justice. You know, and it might take some time, but something will be done someday over this. It's not over," Sam McGill, whose property the sewage was dumped on, said.

This is a developing story, so check back with WTVR.com for updates. Email the CBS 6 Newsroom if you have info, photos or videos to share.