New Hanover County Commissioner Brian Berger was ordered to undergo a mental health assessment between now and July 22, when he will be tried on charges of violating his probation since his plea arrangement in February on impaired driving charges.
Berger appeared in court Tuesday morning, two weeks after he was arrested in Avery County on the probation violations. Bearded, shackled and keeping his head bowed until his name was called, Berger was inaudible from the pews in the courtroom and was escorted out after District Judge Robin Robinson rescheduled the trial and ordered the assessment.
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 district attorney’s office. 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in May, admitting to using marijuana, driving a vehicle after being ordered not to drive, driving while his license was revoked in Johnston County, and possessing numerous weapons at the time of his arrest June 10 in Avery County, including a sword, knives, guns and a crossbow.
Related story: Commisisoner Berger in custody in Avery County
Berger was arrested after police in the Town of Beech Mountain investigated him after responding to a shots-fired call the evening of June 9. 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.
Berger remains in the New Hanover County Detention Center on a $300,000 bond.
Berger’s mental health has been called into question in the past. In 2013, Commission Chairman Woody White described Berger’s behavior on several occasions, including an incident involving Gov. Pat McCrory, as erratic and stemming from a “mental health issue.”
When commissioners voted to remove Berger from the board that May, through a quasi-judicial process called amotion, Berger’s attorney stated Berger had been diagnosed with autism—a disability that was referred to as the basis for a discrimination complaint filed later that year against New Hanover County.
Related stories:
- Berger receives supervised probation in DWI case; felony charge reduced
- Commissioners vote 3-2 to remove Berger from board
- Commissioners chairman calls for Berger’s resignation following incident with governor
- Berger concern prompts metal detectors, bag searches at county board meetings
- 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
