Accused Midtown Four Seasons shooter expected in court for hearing

The man arrested after an intense SWAT standoff at the Four Seasons Hotel in Midtown in October is expected in court for a hearing on Tuesday.

Jay Berger, 70, has been charged with six counts of aggravated assault against a law enforcement officer when engaged on official duty, possession of a firearm or knife during the commission of, or attempt to, commit certain felonies, and other crimes.

Berger, an ophthalmologist who has held an active medical license since 1984, has been in custody in Atlanta since investigators say he started shooting inside his apartment and from his balcony at the hotel, leading to a prolonged standoff with police.

SEE MORE: Barricaded Four Seasons suspect's standoff detailed in arrest warrants

Arrest affidavits state Berger initially brandished a firearm at a building manager before barricading himself inside his apartment. 

"A neighbor said there was a mess in the hallway," the staff member said in the 911 recording. "I went up to check out the mess, and the resident at the end of the hallway was pointing a gun at me, screaming, ‘Do not come this way. I don’t want to hurt anybody.’"

When the SWAT team arrived on the 33rd floor, water was flooding from Berger's unit. Officers reported he was firing his weapon in multiple directions, both through walls and out his front door, with a fragment of one round hitting S.W.A.T. Officer Johnathan Caporaso.

Caporaso has since been released from the hospital and is recovering.

Berger eventually went out to his balcony and started shooting. A police sniper in a nearby building fired a shot, grazing the man's head. After that, Berger reportedly set down his weapon and started throwing furniture off his balcony.

A man holds up his arms from a window during a SWAT standoff at the Four Season in Midtown Atlanta on Oct. 29, 2024.

When the SWAT team breached the apartment's door, Berger surrendered, ending the standoff.

In the course of their investigation, authorities noted in court documents that Berger was known to possess firearms and other weapons, along with lots of Nazi paraphernalia.

Berger is set to appear before a Fulton County judge for his pre-indictment preliminary hearing at 9 a.m. on Tuesday.