A Pottstown man is facing charges of DUI, resisting arrest, and other related offenses in connection with a Feb. 2 traffic stop on Swamp Pike in Limerick.
Limerick Police say Barry Grant Berger, 62, was traveling through an area on Swamp Pike near the intersection of Fruitville Road, where police were directing traffic past the scene of an earlier one-car crash that had closed one lane of the roadway.
Upon encountering Berger, police determined that he had been drinking and directed him to place his vehicle in park. Berger allegedly refused to exit the vehicle for field sobriety testing and attempted to restart his vehicle.
The report states that police repeatedly instructed Berger to stop resisting and to exit the vehicle so he could be placed under arrest for DUI, but the 6-foot-6 Berger, who weighs 245 pounds, allegedly continued to resist. Police then used pepper spray in an effort to subdue Berger, but the effects were "negligible," according to the report.
After being pepper sprayed, Berger allegedly grabbed an open jar of whiskey and threw the whiskey at an officer who was attempting to remove his hand from the steering wheel through the passenger window. The report states that Berger then continued efforts to restart his vehicle.
At that point, the officer in the passenger window used his Taser on Berger twice – once in the right shoulder and once in the right thigh. With the first two attempts having no effect on Berger, the officer tasered Berger a third time, hitting him in the right hand, and causing him to release his grip of the steering wheel. Officers were then able to remove Berger from the vehicle and place him in handcuffs.
Berger has been charged with DUI, resisting arrest, and two counts of disorderly conduct. He is scheduled for a preliminary hearing before Magisterial District Judge Walter Gadzicki on March 20.
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