TAHLEQUAH, Okla. – A former Delaware County Sheriff pleaded no contest to a reduced charge of embezzlement and was ordered to surrender his law enforcement license.

Mark Berry received a one-year deferred sentence on Tuesday in Cherokee Nation Criminal Court and is required to pay $682.50 restitution to Delaware County and $450 in court costs.

Berry also forfeited his Council on Law Enforcement Education and Training license which allows him to work in the law enforcement field.

Mark Berry

Berry was facing a felony embezzlement charge for using the county’s fuel card between July 2 and July 16, 2021, to purchase less than $50 worth of gasoline for a sheriff’s department vehicle and drove the vehicle to Kansas for a personal trip.  When Berry returned to Delaware County, a couch was observed in the pickup’s bed. Berry’s trip was approximately 992 miles.

Two Delaware County Sheriff’s deputies told Cherokee Nation investigators Berry requested them to come to his personal residence and unload the couch.

Berry resigned in December at the conclusion of a meeting with Delaware County Commissioners.  Berry’s actions as sheriff came under scrutiny during the meeting. The former sheriff never gave a reason for his resignation and since the commissioner’s meeting was held in an executive session meeting the details of the meeting are confidential and not released to the public.

Before Berry took over office he was under investigation by CLEET on allegations he falsified information on his CLEET application. The agency released a ruling that no adverse action was ordered against Berry.