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Berger Won't be Charged with Felony--May Get to Keep NHC Commission Seat

New Hanover County Commissioner Brian Berger--who was charged with a DWI in February--is likely looking at a four-month prison sentence. Following Berger’s arrest in Avery County this week for violating his parole, and possessing numerous weapons and drug paraphernalia, the commissioner made an appearance in court this afternoon—via video from the county jail.

On June 24, Berger has an in-the-flesh court date, although it’s not clear who his court-appointed attorney will be. He’s being charged with eight different counts, but District Attorney Ben David says no felony charges will be filed against Berger in New Hanover County. 

"Now it’s a different question of whether he’ll face felonies in Avery County. That’s for them to answer about these things that were found at the time of his apprehension. But as for here, he’s facing activation of a 120-day sentence for the DWI if that’s revoked, as well as the ninety-ninety-six, which is a deferred prosecution being activated as a guilty plea. But that would be to a misdemeanor, not a felony, because there was no felony that actually could be supported by the evidence after we reviewed it."

Had felony charges been levied in New Hanover County, Berger would have been forced to forfeit his elected seat on the board of commissioners.