The suspect in last week’s shooting at the Four Seasons Midtown allegedly flooded his condominium, shot through walls at responding SWAT officers — one of whom was struck in the face by a bullet fragment — and fired off his balcony toward the streets and neighboring buildings during an hours-long standoff, according to arrest warrants obtained Monday by The Atlanta Journal-Constitution.
Jay Berger is also accused of shooting in the direction of a SWAT sniper, who shot him in the head moments earlier during the chaotic scene Tuesday afternoon at the 14th Street hotel, officials said. Streets were closed and a shelter-in-place order was issued for the surrounding area until officers breached the door of the 70-year-old’s condo using an explosive device and took him into custody. His face appeared bloodied as he was loaded into an ambulance moments later.
On Sunday, following his release from Grady Memorial Hospital, Berger was booked into the Fulton County Jail on four counts of aggravated assault against a law enforcement officer. He is also facing charges of willful obstruction of law enforcement officers by use of threats or violence, aggravated assault, and possession of a firearm or knife during the commission of or attempt to commit certain felonies, according to online records.
The incident started after the resident manager of the condo complex, which is located above the hotel, was contacted by Berger’s neighbor, who said the suspect had thrown items into the hallway, authorities said. Officials said Berger started screaming and pointing a gun at the manager when he got off the elevator, so he quickly escaped and called 911. The manager said Berger was known for having mental health issues, weapons in his unit and Nazi paraphernalia, according to a 911 call.
When officers arrived at about 10 a.m., Berger began flooding his unit and “water poured” into the hallway and floor near the officers, the warrants stated. He told the officers he “doesn’t deal with the police” and “refused to open the door,” police said.
According to the warrants, officers heard gunfire coming from Berger’s balcony and at least four SWAT team members responded to the scene. They took the elevator to the 31st floor, then walked up two more flights of stairs, where they set up at the stairwell with a ballistic shield.
At that point, Berger started shooting down the hallway past the stairs from his open front door, according to the warrants. But police said he quickly changed tactics and “began firing through the walls of his apartment directly into the stairs at the four SWAT operators.”
Atlanta Police Department
Atlanta Police Department
Officials said a round fragment hit SWAT Officer Jonathan Caporaso in the right shoulder and face, causing the other officers to immediately take cover behind a concrete wall. While Caporaso was being treated by another officer, authorities said Berger continued firing through the wall. Caporaso eventually put his ballistic vest back on. Soon after, the other officer took a position by the stairs and shot at Berger, police said.
Berger then ran toward the balcony and started firing a rifle in the direction of the “street and other building nearby,” the warrants stated. The condo complex next door, 1010 Midtown, said several of its windows were shattered by gunfire during the incident but no residents were injured.
Fulton County Sheriff's Office
Fulton County Sheriff's Office
As Berger allegedly continued firing, police said a SWAT counter sniper shot the suspect in the right side of his head. “Berger then returned fire toward the building the SWAT counter sniper was on,” the warrant stated.
The suspect then placed the rifle down and started throwing items off his balcony. He was captured on video wearing a respirator-style mask as he tossed sheets and other objects over the railing.
At some point during the gunbattle, police evacuated the 33rd floor and the ones directly above and below. Less than two hours after a perimeter was set up around the hotel, Berger was taken into custody when his door was breached using the explosive device. Police said a shotgun and handgun were also found inside his condo.
Berger, an ophthalmologist, is being held without bond, according to online records.
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