Lawyer Not Charged In Crash Killing 35-Year-Old Jogger

The lawyer who struck and killed Scott Spoo, 35, 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, 61, also had no chemicals or alcohol in his system when he struck Spoo on Feb. 22, 2017, according to police. The fatal crash occurred at Mississippi River Boulevard and Dayton Avenue in Saint Paul just after 4:30 p.m. Spoo was jogging at the time.

While the death was investigated by the Saint 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. Berge donated to Ramsey County Attorney John Choi’s past campaigns.

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, according to investigators.

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 crash, Berge went to the hospital where an MRI found a massive tumor on his brain. It was revealed to be an aggressive form of brain cancer, Berge's friend Mike Salovich told the Star Tribune.

Berge told police his condition caused impaired his driving, court documents show.

Spoo, of Saint Paul, was an avid outdoorsman. He graduated with a masters degree in engineering from the University of Minnesota and was employed by 3M.

"This is a tragic and sad case," Freeman said in a statement. "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."

A previous version of this story incorrectly reported Spoo's residence at the time of the crash.

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