A Fulton County Magistrate Court judge on Tuesday granted a $101,000 bond to a man accused of shooting at SWAT officers from his residence at the Four Seasons Midtown last month.
Jay Berger, a 70-year-old ophthalmologist, had been held in the Fulton County Jail without bond after he was arrested following the Oct. 29 shooting.
His lawyer, Stuart Mones, argued that his client has been an upstanding member of his community for his entire life but had been suffering a mental health crisis that reached its peak during the incident, which led to an hours-long standoff with Atlanta police.
Berger is accused of flooding his 14th Street condominium, shooting through walls at responding officers — one of whom was struck in the face by a bullet fragment — and firing from his balcony toward the street and surrounding buildings. Prosecutors also allege that Berger shot in the direction of a SWAT sniper who had just shot him in the head.
Berger faces 11 felony counts, including four counts of aggravated assault against a law enforcement officer.
Credit: Miguel Martinez-Jimenez
Credit: Miguel Martinez-Jimenez
“(He) was clearly in distress,” Mones told Judge Brandy Brooks. “It’s very serious, but it’s also completely against his character ... this is a mental health episode that requires a mental health solution.”
The prosecution was opposed to the granting of bond, arguing that “everybody in lockup needs mental health solutions. There is no difference here.” They also argued that Berger was not suffering a mental health crisis but had instead engaged in reckless behavior.
“An APD sniper shot him in the head, but that didn’t stop him,” the prosecution said. “This was not an aberration. This was a crime spree. This was dangerous behavior. No one died, through the grace of God, but the defendant has shown he is dangerous and aggressive.”
Under Georgia law, judges must consider a variety of factors when deciding whether to grant bond, including prior criminal record, how likely the defendant is to return to court and if they pose a credible threat to the community or to witnesses.
Ultimately, the judge chose to grant bond and set a long list of stipulations, including requirements to visit a mental health provider for an evaluation and not possess any firearms or replica firearms. He is also required to wear an ankle monitor and may not return to the Four Seasons aside from collecting his belongings under law enforcement supervision.
Asked for comment after the bond was set, Mones said, “No comment — forever.”
Berger was also supposed to have his preliminary hearing Tuesday morning, but it was waived. During such a hearing, the judge determines if there is enough evidence to support the charges before the case is sent to superior court.
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