ATLANTA — Warrants revealed new details in the shooting at the Four Seasons in Midtown Atlanta on Tuesday, Oct. 29.
11Alive obtained the warrants from the Fulton County Magistrate Court this week. According to the warrants, officers initially responded to a call about an "emotionally distressed person."
When officers arrived at the Four Seasons, warrants say the residential manager told them the suspect, Dr. Jay Berger, 70, had pointed a gun at the residential manager.
Officers responded to the 33rd floor, where warrants state Berger began flooding his apartment unit, with water pouring into the hallways. According to the warrants, investigators obtained an arrest warrant for Berger for an aggravated assault charge on the residential manager.
Atlanta SWAT arrived on scene and set up at the stairwell with a ballistic shield. That's when the warrants say Berger began firing out his door and directly into the stairs, where a round fragment hit APD SWAT Officer Jonathan Caporaso in the right shoulder. According to the warrants, other officers took cover behind a concrete wall.
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"Mr. Berger kept firing through the wall into the stairs while Officer Caporaso was receiving medical treatment," the warrants say.
Another officer returned fire, and Berger eventually ran to the balcony area of his unit. Video shared with 11Alive showed Berger hanging out of his window, waving U.S. flags wearing a gas mask.
The drone operator notified the SWAT operators that Mr. Berger was on the balcony. SWAT EOD placed an explosive device on the front door of Mr. Berger's apartment," the warrants added. "Mr. Berger again began firing a rifle while on his balcony towards the street and other buildings nearby."
That's when the warrants say a SWAT counter sniper fired his weapon hitting Berger on the right side of his head. Berger returned fire toward the building the SWAT sniper was on, and Berger then placed his gun down and began throwing items off his roof, according to the warrants.
After the SWAT team entered Berger's apartment, they were able to talk him into custody without further incident. Berger fired a total of 112 rounds, the warrants added.
According to the warrants, Berger was taken to Grady Hospital. He faces charges including aggravated assault against the residential manager, four counts of aggravated assault against the SWAT operators in the stairs, felony obstruction and possession of a firearm during the commission of a felony.
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