County Commissioner Brian Berger will appear in New Hanover County District Court today via video in regard to his recent probation violation.
Berger was scheduled to appear this morning, but the time of his appearance was listed incorrectly on court dockets and the North Carolina Court System website, according to the district attorney’s office.
Berger was arrested Tuesday in Avery County in western North Carolina on charges of violating his probation and possession of drug paraphernalia. He was found to be in possession of a marijuana pipe and had gained access to several weapons in the home without the owner’s permission, according to authorities.
Related story: Commisisoner Berger in custody in Avery County
Berger had been sentenced to a year of supervised probation in February as part of a plea deal in which he pleaded guilty to a charge of driving while impaired. A felony charge of possession of a controlled substance was reduced to a misdemeanor as part of the plea deal, and a prior DWI charge dating back to December 2012 was dropped.
Berger was sentenced to 120 days suspended on the DWI charge and 12 months supervised probation on that charge and the reduced drug charge. As part of his probation, Berger was required to obtain a substance abuse assessment, pay a $200 fine and court costs, perform community service and report back to the court on Feb. 3, 2015.
Related story: Berger receives supervised probation in DWI case; felony charge reduced
With his arrest in Avery County, where officers responded to a call of shots fired near a home where he was staying and found Berger was wanted by the North Carolina Probation Department, Berger is being returned to the court to answer for the probation violation. His case also lists the previous charges of driving while impaired, impeding traffic by driving at a slow speed and felony possession of a controlled substance.
At his sentencing in February, District Judge Richard Davis noted Berger’s history of run-ins with the law since his election as a county commissioner in 2010. Berger’s term on the board expires this year.
“Your story has been played out in public more than any other elected official that I can recall,” Davis told Berger. “Hopefully this is going to close one of those chapters and let you move on. Good luck to you.”
Previous stories:
- Commissioner Berger arrested on DWI, drug charges
- From county board meeting to detention center, a stark contrast for Berger in 24 hours
- Judge restores Berger to New Hanover County Board of Commissioners
