The next installment in New Hanover County Commissioner Brian Berger’s probation violation case, scheduled for Aug. 26, was delayed by two weeks to Sept. 9.
During Berger’s last appearance July 22, District Attorney Ben David requested a second forensic mental health evaluation after an evaluation requested by the defense established Berger as incapable of aiding in his defense.
The Aug. 26 hearing was delayed to allow time for the state-selected doctor to finish a report on the second evaluation.
David also requested during the July 22 hearing that Berger receive treatment while awaiting his next appearance. Judge Robin Wicks Robinson agreed. Samantha Dooies, assistant to the district attorney, was unable to confirm if Berger has received treatment following the judge’s request.
During the July 22 hearing, the defense confirmed that Berger had not received treatment since his June 10 arrest.
Berger has been in custody at the New Hanover County jail. He was arrested following a June 9 warrant for his arrest on seven allegations of probation violation including absconding, or leaving town without notifying his probation officer. When Berger was arrested in Avery County by Beech Mountain Police, he was found in possession of a small arsenal of weapons and a marijuana pipe.
If found guilty, Berger will be sentenced to 120 days in jail. He will have served 91 days toward that sentence if a ruling comes down during the Sept. 9 hearing.
Berger was sentenced to one year of probation when he was convicted of a DWI in February.
If he is found guilty of violating the probation, Berger will face additional charges for misdemeanor possession of prescription drugs, waived during his February sentencing. Because he was a first-time offender, the charge would have been dismissed if he stayed out of trouble.
A room and time for Berger’s Sept. 9 hearing is to be announced.