Judge rules Berger violated probation


WILMINGTON, NC (WWAY) — Three months since his latest arrest, New Hanover County Commissioner Brian Berger finally learned his fate today.

Berger’s probation violation case was delayed in July because a medical examination said he was mentally incompetent to aid in his defense. That was followed by a scheduling delay last month.

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Today Judge Robin Robinson decided to move forward after a state doctor said Berger is capable, but has high anxiety.

Judge Robinson said Berger was looking at a total of 165 days in jail for violating his probation for a DWI conviction in February. He has already been in custody for 90 days after being arrested in Beech Mountain after police found him in a house with several weapons.

Judge Robinson found that Berger did violate the terms of his probation. She then placed the commissioner on one year probation and said if he violates this probation he will have to finish out the remaining 75 days of the sentence.

As the terms of his new probation, Berger will have electronic monitoring, he will have to go through a jail diversion program and wherever he stays will have to be checked out. Berger does not have a permanent address and was arrested while staying at a friend’s mountain house. He will have to stay in jail perhaps as long as one more week as a jail diversion program is found for him.

Late last month, Berger was moved to Central Prison in Raleigh, after the staff at the New Hanover County Jail said he was having behavior problems