District Court Judge Robin Wicks Robinson offered New Hanover County Commissioner Brian Berger a second chance during a Sept. 9 hearing on his probation violation case.
After Berger was found guilty of seven violations of his current probation, Robinson ordered his participation in a jail diversion program and extended his probation a year from the Sept. 9 ruling.
Jail diversion programs are designed to offer people with mental illness treatment instead of jail time. Robinson requested the option be explored before the hearing. A representative from the jail diversion program confirmed Berger’s eligibility to participate despite concerns raised by the prosecution about whether he was an ideal candidate.
Assistant District Attorney Alex Nicely acknowledged the complexity of Berger’s case, but said he had no confidence in Berger’s ability to comply with probation, pegging him as a threat to himself and others.
“He’s made it clear that he won’t do that, whether that’s due to his mental issues or not,” Nicely said, requesting Berger serve an active sentence in jail.
Robinson agreed with Nicely, but said she wanted to offer Berger a chance to get on the right track after spending 90 days in custody.
“He may be a danger to himself or others, but he doesn’t have much time left to serve anyway,” Robinson said. “So why not at least give one more shot at trying to turn things around for Mr. Berger, so that when he does get out, he can go forward and resume leading a productive life rather than a dangerous one?”
Robinson acknowledged Berger’s past issues following the terms of his probation and ordered him to wear an electronic monitor during his extended probation. He will not be subject to a curfew or house arrest.
If Berger violates the terms of his probation again, he will serve the remainder of a 120-day active sentence for his driving while impaired charge, plus 45 days for violating the terms of a conditional discharge for possession of a controlled substance.
Berger was sentenced to one year of probation for the DWI charge in February. He pled guilty to the controlled substance charge during the February hearing, but as a first-time offender, the charge would have been dropped if he kept a clean record during his probation.
Because Berger served 90 days of his sentence while awaiting a ruling, he faces 75 additional days of jail time if he violates his extended probation.
Berger’s probation violation case, first heard June 24, was postponed in July and August while two forensic evaluations determined whether he was capable of aiding in his defense. The most recent evaluation completed by Dr. Nicole Wolfe, forensic psychiatrist with Central Regional Hospital in Butner, N.C., found Berger capable despite a diagnosis of severe anxiety.
Berger will remain in custody for about one week until the details of his jail diversion program are established, including where he will stay and a course of treatment.
Wolfe recommended Berger see a counselor he trusts over an extended period of time to quell his anxiety.
At the end of the hearing, Robinson thanked Berger for his service to the community and said she hoped his time in the jail diversion program provided an opportunity to work through the issues causing his recent legal troubles.
“We’re sorry that you fell into some hard times, and we’re sorry that because of those hard times, you endangered yourself and others. … But we want to reinvest in getting you back on track,” Robinson said to Berger.
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