Violence erupted at a toney Midtown address Tuesday when a Four Seasons resident allegedly barricaded himself in his condominium and fired more than a dozen gunshots from inside.
Jay Steven Berger, 70, was taken into custody after an hours-long standoff that resulted in injuries to himself and an officer, Atlanta police Chief Darin Schierbaum said in a news conference outside the hotel.
Berger suffered an apparent head wound and was taken to Grady Memorial Hospital, as was the officer, whose injury was not life-threatening, Schierbaum said. He added that two officers fired their weapons during the standoff and his department has asked the GBI to conduct an independent investigation. The GBI said Berger was apprehended after being shot by a SWAT sniper.
The incident began with a dispute between Berger and a building employee around 10 a.m., the police chief said. The Four Seasons is a hotel but also houses residential condos.
The GBI said a resident contacted the residential manager saying the suspect had thrown items into the hallway on the 33rd floor. The manager responded and was confronted by Berger, who pointed a gun at him, according to the state agency. The employee then went back downstairs and called 911.
Police said employees feared Berger was armed and suffering from a mental health crisis. When police responded to Berger’s unit, he refused to come out, Schierbaum said. A SWAT team was called to the scene.
As Berger grew more agitated, he used multiple weapons to fire shots through the walls, the door and from the 33rd-floor balcony, police said. Some of the rounds were fired in the direction of SWAT officers, and one officer returned fire. The GBI said a SWAT officer was also injured, possibly by shrapnel.
Soon after, the GBI said Berger started throwing items off his balcony, police said. Video shows him tossing sheets and other objects over the railing while wearing a respirator-style mask.
Police set up a perimeter around the 14th Street hotel just before 3 p.m. and evacuated Berger’s floor, along with the floors directly above and below. About an hour later, police issued a shelter order asking occupants of the building to remain in place.
Shortly after police enacted the shelter order, a SWAT unit entered Berger’s condo and took him into custody.
Atlanta Mayor Andre Dickens said he watched much of the police confrontation from the department’s command center. Berger “eventually waved to police that he was giving up,” Dickens said.
Berger was loaded into an ambulance on the street with blood visible on his head and face. He was rushed to the hospital and will be taken to the Fulton County Jail following his release, the GBI said.
The gunshots and heavy police presence brought the typically bustling street to a sudden halt. Ronnie Ribers, an employee at the AC Hotel next door to the Four Seasons, was prevented from getting to work for his 4 p.m. shift.
Ribers said he was surprised to see the police activity in the area, including officers who were arming themselves near the hotel. He said he would be sticking around until the perimeter was lifted, and hoped to start his shift afterward.
“I’m going to work. I need that money,” he said.
According to Schierbaum, investigators recovered a rifle, shotgun and handgun from the scene, as well as multiple knives. The chief said police watched Berger throw multiple pieces of evidence, including a gun, off his balcony. As a result, 14th Street remained closed in front of the Four Seasons as police searched for the weapon and any other evidence relevant to the case.
Police also shut down a section of 13th Street and Peachtree Walk during the standoff, but those streets quickly reopened after Berger’s arrest. The hotel reopened by Tuesday night, a Four Seasons spokesperson said.
Fulton County Jail records show no prior felony arrests for Berger, who is a physician. He is licensed to practice ophthalmology in Georgia, according to state medical board records.
Berger will initially be charged with aggravated assault, Schierbaum said, though other charges could be added as the investigation continues.
After the GBI investigation is complete, the case file will be given to the Fulton County District Attorney’s Office for review. The incident was the 74th officer-involved shooting the GBI has been asked to investigate this year.
