A Sept. 9 ruling by District Court Judge Robin Wicks Robinson offered New Hanover County Commissioner Brian Berger a second chance with extended probation. The ruling came three months and three postponed hearings after his June 10 arrest.
Berger will participate in a jail diversion program during his probation, extended a year from today, despite concerns raised about whether he was an ideal candidate for the program.
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 the terms of his 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.
A representative of the jail diversion program confirmed Berger’s eligibility to participate.
Robinson agreed with Nicely, but said she wanted to offer Berger a chance to get on the right track after 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 he wear an electronic monitor during his extended probation.
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 (DWI) charge, plus 45 days for violating the terms of a conditional discharge for possession of a controlled substance.
Berger was sentenced to a 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.
Since Berger served 90 days of his sentence while awaiting a ruling, he faces 75 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, found Berger capable despite a diagnosis of severe anxiety.
Berger will remain in custody until the details of his jail diversion program are established, including where he will stay and a course of treatment.
Wolfe recommended Berger regularly see a counselor he trusts over an extended period of time to address his anxiety.
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