The Mesa County Sheriff’s Office (MCSO) arrested former wildland fire science management student Rylee Scott Berry on three domestic violence charges on Jan. 23. The charges against 18-year-old Berry include second degree assault (a felony), third degree assault and harassment.
According to an affidavit obtained through a records request by the Criterion Berry allegedly applied sufficient pressure to the defendent’s neck to limit breathing and blocked the nose or mouth, which caused bodily injury.
Mesa County Sheriff Joshua Agues was dispatched to Berry’s residence of Bunting Hall on Jan. 23 at 5:09 p.m.
The plaintiff reported an argument between themself and Berry started the altercation. The argument reportedly escalated to physical violence. Berry allegedly “threw his hand into” the plaintiff’s neck and it felt “like a throat punch.”
The plaintiff experienced immediate pain, a loss of balance, coughing and nausea to the point of feeling the need to throw up. Berry immediately became apologetic and claimed he’d realized what he had done.
Professor of criminal justice Kate Drieling specializes in domestic violence and provided their perspective on the situation.
“When a person is trying to leave an abuser, they’re at an increased risk for more violence, possible lethality, harassment, stalking; everything tends to get kicked up a notch,” Dreiling said. “We leave it up to the victim to solve the problem of domestic violence when they’re not the ones causing the problem. 18-years-old is a prime age for this type of abuse, unfortunately. College-aged to about mid-30s is when this type of thing happens.”
Dreiling confirmed that CMU offers schedule changes for classes and housing accommodations to students who may be experiencing instances of domestic violence.
“The heart of this type of abuse is power and control,” Dreiling said.
The plaintiff reported their friend saw the first round of strangulation take place and reported that they took no action to intervene.
Berry then told the plaintiff he was going to exit the residence and they asked him not to leave because he was intoxicated and it was cold outside. The plaintiff believed Berry left the residence following the conversation and took a friend home. The plaintiff’s friend forgot to lock the door and, upon return, the defendant saw Berry standing inside the house.
The plaintiff called another friend at 2:27 a.m. and asked them to stay on the line until they were certain they were alone. However, the earlier argument between the plaintiff and Berry continued, and they begged Berry to go home. Berry instead pretended to go to sleep in the defendant’s bed at which point the plaintiff tried to sleep as well.
Berry allegedly pinned the plaintiff down to the bed at this point and asked them “how they liked it,” “how does it feel” and said “this is what happens.” The plaintiff unsuccessfully attempted to get away and Berry allegedly repeated the strangulation seven to nine more times.
The affidavit reported that Berry “grabbed [their] throat and squeezed for about five to ten seconds, making breathing difficult.” The plaintiff also remembered feeling their head hit the headboard during the final pin-down. The affidavit reports no visible injuries on their neck or the back of their head.
The affidavit said the plaintiff provided an audio recording to police in which they say “get off my neck, you are hurting me” while on the phone with their friend. Berry can be heard telling the plaintiff to “keep crying, bitch” in the background of the recording.
Berry claimed to have “blacked out” and denied putting their hands on the plaintiff when questioned by the MCSO on Jan. 23. They allegedly had six hard-seltzer drinks and “a couple” of Smirnoff shots.
The MCSO contacted the plaintiff’s friend and said that Berry said “some not-nice things” to the plaintiff on the phone. Berry was placed into custody but posted bail shortly after. His first court date is scheduled for April 3. The incident is an ongoing case.
If you, or someone you know, has experienced domestic violence, sexual misconduct or sexual harassment, CMU’s Sexual Assault Respone Team (SART) has a hotline at 970.270.5895. Additionally, the Student Wellness Center offers confidential counseling and crisis management services.
The Criterion was unable to establish contact with the defendant or the plaintiff. The defendant and plaintiff’s legal teams may provide a statement if they desire and the Criterion will update its reporting accordingly.
Update 3/26/2026: The original story wrongfully identified the victim as the defendent in this case. The victim in question is the plaintiff and Rylee Berry is the defendent.
