Midtown Four Seasons Hotel standoff suspect apprehended

ATLANTA - Atlanta police and SWAT have apprehended a suspect who reportedly barricaded himself at the Four Seasons Hotel in Midtown and began firing shots through the walls and door and off the balcony of his apartment during a standoff on Tuesday afternoon.

Officials identified the suspect as 70-year-old Jay Steven Berger who they said was staying in the residential section of the Four Seasons, not the short-term units within the hotel.

According to Atlanta Chief of Police Darin Schierbaum, officers responded to a call around 10 a.m. about a mental health emergency at the hotel after a caller reported that Berger had been involved in an altercation with a hotel employee.

When officers attempted to get Berger to peacefully surrender, Schierbaum said he began firing shots. Investigators said the man fired at least three different types of guns and may have been armed with more weapons, including knives. 

A safety perimeter was quickly established, shutting down surrounding streets as police worked to end the standoff. Law enforcement also ordered a shelter-in-place advisory for residents nearby.

FOX 5 Atlanta spoke to witnesses who said the incident felt like something out of the video game "Grand Theft Auto."

"We heard 10 shots. We walked outside, got everything on camera – the man throwing couches, shooting – Very chaotic, very random. This is Atlanta. This is not a real place," said Khalil Hagans.

Another witness said police prevented them from moving anywhere due to the active shooter.

"So, we looked up, and we was trying to look for him, and we seen him. We look at him for like five seconds and next thing you know 'boom, boom, boom,' he starts shooting again. So, it was like, we ducked behind here, and we just watching him," said Jordan Hall. "It was like we were in the middle of a movie."

Leah, an employee in Midtown, said she was stuck in her office until the man was arrested.

Hours after the situation began, Berger came out to the balcony and began throwing items onto the street below. It was then that the Georgia Bureau of Investigation says a SWAT sniper fired at him, hitting him once. He was subsequently arrested by members of the SWAT team.

The GBI said that one SWAT officer was injured in the incident - possibly by shrapnel. 

Berger is receiving treatment at a local hospital and will be taken to the Fulton County Jail once released. Multiple charges are expected to be filed against him, including aggravated assault and reckless endangerment. The GBI has also been called to investigate the officer's use of force.

Four Seasons Hotel SWAT timeline

2:30 P.M.: SKYFOX 5 flew over the scene when a few guests at the hotel could be seen peeking over their balconies, watching patrol cars swarm the street.

3:30 P.M.: Atlanta police asked all members of the media to clear the scene south of 14th Street NE.

3:52 P.M.: Atlanta police issued a shelter in place and asked citizens to stay out of the area.

"Citizens within sight of the Four Seasons Hotel are advised to avoid any windows and rooms facing the area," a spokesperson for the department posted on X.

4:00 P.M.: FOX 5 Atlanta received photos showing what appeared to be the suspect with his hands up before throwing furniture out of a window at the hotel.

4:35 P.M.: The shelter in place was lifted, and the suspect was reportedly apprehended, according to Atlanta police.

Citizens are still asked to avoid the area.

5:15 P.M.: Atlanta police held a joint press conference with Atlanta Mayor Andre Dickens to give more information about the incident.

Atlanta police believe at least three weapons were fired from the suspect's balcony on the 33rd floor. One Atlanta police officer was injured with non-life-threatening injuries.

At least two other officers returned fire.

Jay Steven Berger, 70, was identified as the suspect. He was arrested and taken into custody after surrendering and throwing a gun from the balcony.

Police Chief Darin Schierbaum confirmed that Berger was suffering from a mental health crisis and had an altercation with a hotel employee. Berger reportedly wouldn't speak to police and may have had access to more weapons, including knives.

Police believe there were at least 15 shots fired throughout the incident.