Bond granted for accused Midtown Atlanta shooter, banned from Four Seasons

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

Jay Berger, 70, was 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.

During the hearing, Berger's attorney noted that he is a retired ophthalmologist who is still licensed to practice in the state of Georgia and has support from individuals around the world.

The attorney also emphasized that Berger was experiencing a "mental health episode" at the time of the incident and highlighted his history as an "outstanding member" of the community prior to the events of that day. The attorney further stated that Berger is suspected of having CTE (Chronic Traumatic Encephalopathy) and post-traumatic stress disorder, arguing that he needs treatment that cannot be provided in jail.

The prosecutor described the incident as a "crime spree," detailing how Berger shot through walls, injured a police officer, and fired at a police sniper. The prosecutor characterized Berger's actions as "dangerous" and described him as a "threat to the community."

Berger's attorney countered by pointing out that Berger's behavior after being shot by the sniper — such as throwing items over the balcony — demonstrated that he was suffering from a mental health crisis and required treatment.

Despite the state's objections, the judge granted bond with several restrictions.

Berger will be allowed to return to his residence at the Four Seasons only once, under supervision, to retrieve his personal belongings. He is prohibited from having any contact with the complaining witnesses outside of law enforcement.

Additionally, Berger must wear an ankle monitor, adhere to a curfew, and undergo a psychological evaluation within 10 days of his release. If treatment or medication is recommended following the evaluation, he is required to comply with those recommendations.

Berger is also barred from consuming alcohol or any drugs not prescribed to him and must avoid any contact with weapons or weapon replicas.

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.

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.