A Fulton County Magistrate Court judge on Tuesday granted a $101,000 bond to a man charged with 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 suffered a mental health crisis that reached its peak during the incident, which led to an hourslong 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.
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 its 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 a crime spree.
Credit: AP
Credit: AP
Ultimately, the judge chose to grant bond and set several stipulations, including requirements to visit a mental health provider and not possess any firearms or replica firearms.
Berger faces 11 felony counts, including four counts of aggravated assault against a law enforcement officer.
Asked for comment after the bond was set, Mones said, “No comment — forever.”
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