Brian Berger appeared via video conference today for his first court appearance on charges of violating his probation, two days after he was arrested in Avery County and found to be in possession of multiple weapons.
The New Hanover County commissioner could be seen on a screen raising his right hand and swearing on a Bible to the truthfulness of his affidavit for a court-appointed attorney. A court date was set for June 24, and Berger will remain in the New Hanover County Detention Center under a $300,000 bond.
If found guilty of the probation violations, which range from absconding from supervision and admitting to using marijuana, Berger faces 120 days in jail that were suspended as part of a plea agreement in February. He also faces additional sentencing by the court on a felony charge of possession of a controlled substance, which was likewise suspended in February.
Berger pleaded guilty to driving while impaired in exchange for that plea deal, which required a year’s worth of supervised probation and for Berger to obtain a substance abuse assessment, pay a $200 fine and court costs and perform community service.
Since then, Berger has violated his probation in seven instances, according to the assistant district attorney who addressed the judge today. Those violations include absconding from supervision, failure to complete 48 hours of community service, refusing to submit to a drug screen in May, admitting to using marijuana, driving a vehicle after being ordered not to drive, driving while his license was revoked in Johnston County, and possessing numerous weapons at the time of Tuesday’s arrest, including a sword, knives, guns and a crossbow.
Related story: Commisisoner Berger in custody in Avery County
District Attorney Ben David, who was present for the appearance but said he was in court on a separate matter, said it is not uncommon for probation violations to accumulate before action is taken by the probation office. Absconding—or leaving an area without notification—typically prompts such action, David said.
“Approximately two-thirds of the people on probation, just statistically around the state, at some point are found to be in violation of it,” David said after the court appearance today. “Sometimes that causes them to have their whole sentence revoked; sometimes just in part. Here, absconding is usually the most serious offense, or a conviction of an additional charge while you’re on probation.”
David said if Berger’s probation is revoked, he would face only misdemeanor charges in New Hanover, as the controlled substance charge, while described as a felony, is considered a misdemeanor because Berger had provided evidence that the substance was prescribed.
David said Berger could face felony charges in Avery County, however, in light of the weapons that were found in his possession after police there responded to a shots fired call at the home where he was staying. A marijuana pipe was also found in Berger’s possession at the time of his arrest.
Berger was arrested after police in the Town of Beech Mountain investigated him after responding to the shots fired call early Monday evening. The police chief said Berger refused to unlock the door of the home when an officer asked him to do so, and by the time the department had verified Berger’s previous charges, he had since become wanted for the absconding violation.
Officers returned to the home Tuesday and could see Berger inside the home, as well as several firearms, the chief said. Berger again refused to open the door, and officers kicked in the back door and apprehended Berger without incident.
The weapons were found to be licensed by the owner of the house, which the chief described as an acquaintance of Berger’s who was allowing him to stay there. Berger had apparently gained access to the weapons, which were locked in another part of the house, without the owner’s permission.
Related stories:
- Berger receives supervised probation in DWI case; felony charge reduced
- Commissioner Berger arrested on DWI, drug charges
- From county board meeting to detention center, a stark contrast for Berger in 24 hours
Jonathan Spiers is a reporter for Port City Daily. He can be reached at (910) 772-6313 or jonathan.s@portcitydaily.com. On Twitter: @jrspiers
