Jailed commissioner Brian Berger was scheduled to be appear in New Hanover County District Court this morning for a hearing on charges of probation violations—the latest chapter in the commissioner’s saga of legal troubles.
Berger, who was ordered by a judge last month to undergo a mental health assessment before today’s hearing, faces 120 days in jail if found guilty of the violations, which range from absconding from supervision to admitting to using marijuana while on probation.
Related story: Berger to undergo mental health assessment; trial rescheduled for July
He could also face additional sentencing by the court on charges involved in a plea deal in February in which Berger pleaded guilty to driving while impaired in exchange for a year’s worth of probation and other court-ordered requirements.
Berger pleaded guilty in February in exchange for that plea deal, which also required 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in May, admitting to using marijuana, driving a vehicle after being ordered not to drive, driving while his license was revoked in Johnston County, and possessing numerous weapons at the time of his arrest June 10 in Avery County, including a sword, knives, guns and a crossbow.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
The weapons were found to be licensed by the owner of the house where Berger was staying. Berger had apparently gained access to the weapons, which were locked in another part of the house, without the owner’s permission.
Berger has remained in the New Hanover County Detention Center on a $300,000 bond.
Port City Daily’s Jonathan Spiers is covering today’s hearing and will report the latest developments as they occur.
Past 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
