Brian Berger declared mentally incompetent to proceed with court hearing

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Submitted: Wed, 07/23/2014 - 12:16pm
Updated: Fri, 10/24/2014 - 3:07pm

WILMINGTON, NC (WWAY)– A medical examination claims New Hanover County Commissioner Brian Berger is mentally incompetent to go to court for breaking probation.

Berger was back in court today, but not for long. The district attorney wants a second opinion.

“The purpose of today’s hearing was to going to be to assess whether Mr. Berger has complied with the terms of his probation,” Ben David said.

The prosecution appeared in court with a couple dozen weapons as evidence.

“To allege basically that he absconded from our supervision, that he was caught in the mountains with several weapons he wasn’t allowed to posses, and on and on,” David said.

David was not able to move forward, because the defense presented the judge a medical examination claiming Berger is mentally incompetent at the moment.

“The judge has no choice, but to either find him incompetent today or give us time as the state to get a second opinion,” David explained.

This is a problem, because Berger also faces charges in Avery and Johnston counties.

“He faces 120 days at least and we’re only 41 days into that,” David said. “We would like to have this issue resolved. I wanted this hearing to take place today. I’m hopeful that we can have it, taking place the minute that he is found capable of proceeding.”

Both the DA and the judge agreed treatment needs to be enforced.

“Because if he’s just sitting there languishing in jail then his capability to proceed is not likely to change between now and our next review date,” district court judge Robin Robinson said.

Berger’s attorney claims he’s not getting his medication in jail, but because that issue is protected by HIPAA laws, no one could confirm that fact. They hope to have him capable for the hearing in the next 30 days.


  • says:

    I don’t usually get involved with local politics. But, when I do, I always keep up with Brian cause he’s bats&*t crazy.

  • Tom Neuenschawnder says:

    And now one voted for Ricky Meeks

  • SurfCityTom says:

    rather challenging for him to vote as he is in custody with a stiff bond required for his release.

    He’ll be out of office in December.

    Citizens should be more concerned with a DA who has expended such great efforts to bring Berger to trial over some rather insignificant chargers yet plea bargains serious crimes down to a slap on the wrist.

  • burgerboy says:

    They ought to put that old woodsy white on a mental examination down at the old dorthea dix, they’d find out he’s nuttier than a bag o’ planters!(peanuts) lol.

  • Guestman. says:

    It is sad about Mr. Berger. Mental illness is not a funny thing or something to be joked about.
    I hope he gets the help he needs and ends up with a full and productive life.

  • second opinion says:

    I can help with the second opinion. He is nuts

  • portcity says:

    Brain Berger is the perfect fit to be our local government mascot…He’s about as competent as the rest of politicians around here. Keep on keeping on Berger, the ones throwing you under the bus deserve same treatment. Wilmington and New Hanover is about corrupt as it gets. This city has gone to sh*t over the past decade and the ones in control are to blame…

  • Question says:

    I’m just curious, if he can’t stand trial how is he able to hold office? You would think they would remove him from his position. I hope he gets the help he needs, but should he be allowed to vote on decisions for the county when he can’t even face his own criminal actions?

  • Double Bass says:

    They didn’t need to do an evaluation on him to figure that out.

  • SurfCityTom says:

    why don’t you focus your wit and wisdom on getting the voters out to the polls? Get some decent elected officials and I would have no reason to comment.

    One of the beauties of living in this great country is the right to have different opinions. You state I am a d**k — whatever that is. I say concerned citizen. If you put your posts to good use rather than trying to slam me, some progress might be made.

    Apathetic voters; unfocused apathetic posters allow the poor performance in city and county government to continue.

  • Vog46 says:

    Diana Ross?

    Did I win anything?


  • Barry says:

    While you lament the naysayers to your opinion, I will agree that sometimes you are a Di**, as am I. While you pay your taxes in two counties, I pay in four. Glad of it too. Sometimes my opinion is of yours. Sometimes not. But don’t bring up apathetic voters in New Hanover while You live in just as bad a political situation. Just not as many colorful figures. Get your butt up and change that up there. I am paying insurance rates and county taxes when the the brunt of services are
    on the eastern side of the county. Pender that is. My butt is too fat and getting too old to chase the dumb bastards running it all and none, and I mean none are very good at administering a multi-task endeavor.

  • SurfCityTom says:

    a relevant statement. You may be a voter; with an emphasis on may.

    But unless you live in Landfall, Porters Neck or Figure 8, or out at Wrightsville Beach, I likely write a larger check to NHC for property taxes.

    And in case you missed it, crime rates, which are affected by strict law enforcement and prosecution, do have an impact on property values.

    Now, show your intelligence. Name the Pender County DA.

  • Guestman. says:

    When you make comments like this it makes you an easy target. Don’t be such a di*k. How is that showing intelligence? Half the people reading this couldn’t tell you who is on the Supreme Court.

  • guesty says:

    Who is Ben David?

    Ding ding, that is correct. Mr David is the DA for both NHC & Pender. Just like his brother Jon is the DA for Brunswick, Columbus and Bladen.

  • Guest2020 says:

    That last line is priceless. I don’t live in either county and I know the relevance.

    It seems as if you can’t care about a place even if you don’t live there.

  • Barry says:

    This has nothing to do with Woody White or the commission. These proceedings are in response to Berger’s criminal actions and his violation of the terms of his probation. None of this has any thing to do with the county. These proceedings are all state sanctioned.

  • Grant Hall says:

    Question: Who pays for these mental evaluations? Is our local government saddling the tax payers with yet another expense in their petty little Brian Berger war? The man is a nut, why do we need another doctor to confirm that?
    It looks like Woody White and his cohorts are still trying to fund their personal Brian Berger war with taxpayer dollars. Jesus, man, give it up. Berger’s term is up in a few months, just let him have his meds, send him to the nervous hospital and focus your attention on some actual relevant county business for a change.

  • feelbad says:

    This is so sad, Mr. Berger should not be in jail. Why wasn’t he taken to New Hanover County Hospital for a mental evaluation to start with? Once treated he could have faced his charges. From the mug shot he looks as though he is not being treated well in jail. Mr. Berger suffers from a mental condition, this is heartbreaking. The Wilmington Police Department recently took a police officer (we still do not know that officer’s name) the one who waved a gun around and a SWAT team had to be called in, well that officer was taken to the hospital for a mental evaluation, yet he had no known diagnosis of a mental condition, but Mr. Berger does have a diagnosis, and he was denied this evaluation. Clearly Mr. Berger is not getting the treatment he is in need of in jail, this is so tragic. It looks like his mental condition was neglected and allowed to spin out of control. Often the mentally ill are abused in jail, and without proper medication they get into trouble. It is a vicious cycle. So very sad, so very tragic.

  • SurfCityTom says:

    for New Hanover County is Mr. David’s ability to preen before the media on what is a trivial pursuit while plea bargaining serious offences down to wrist slaps.

    That is something the NHC voters should remember when he next stands for office re-election.

  • voterinNH says:

    So says the man from Pender county…

  • Justicewit says:

    Where was David when Berger’s personnel files were stolen and offered up to Star News- violating both State and Federal Laws?? Only a few people had access to confidential info which was stolen and leaked to paper—- Ben David and justice go together like Al Capone and good manners. Ben David’s actions are highly questionable and should be examined—going along with bullying is at best a poor excuse for a DA and even worse- part of the corruption tolerated here in NHC- Where was Ben then?

  • Barry says:

    While Berger’s lack of mental stability has been apparent to most all of us since he was elected, don’t underestimate his ability to ruse the system either.

    I believe he now realizes his a** is in a sling and that he is looking at spending upwards of 6-9 months in the pokey. We shall see what happens with the next “evaluation” and where that leads. My question,,,why has he not been on his meds or does he even have a legitimate prescription? I still believe there is a big part of him that dwells in the attention all of this gives him and is basking in it to see himself as a victim.

    The drama in all of this is far from over. Stay tuned for the next episode of Berger’s own soap opera airing next month.

  • burgerboy says:

    I don’t normally watch TV cause it’s too immature and unintellctuol but if they made a show abot the days and nights of big baby burger i’d watch it in a heartbeat!!! lol :D

  • Okie says:

    He’s not mentally competent to stand trial, but still mentally fit to be a New Hanover County commissioner. Wrong. Brian, take your lumps and get your well deserved felony conviction.

  • Guestman. says:

    You won’t see where these two things are mutually exclusive after you have followed politics in SENC for a while.

  • guesty says:

    Is that also grounds for him to be removed from his county commissioner position?

  • John A. Difloure says:

    While I feel sorry for the man, his diagnosis is no different than what they’d find if our congressional representatives were tested.

  • Guestomfg says:

    No surprise there. He is a bedlamite.

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